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Airdrop: Terms and Conditions

Airdrop Program: Terms and Conditions

1. Introduction

The Anoma Foundation, with its registered seat in Zug, Switzerland (“Foundation”), has the purpose of promoting and developing new technologies, solutions, and applications within the scope of the Anoma protocol (“Protocol”), including the native token of the Protocol (“XAN” or “Token”).

These terms and conditions (“Terms”) shall govern the participation in the Airdrop Program (“Airdrop” or “Airdrop Program”) of the Foundation. The Airdrop Program provides eligible participants the opportunity to receive a certain number of Tokens.

Participants to the Airdrop Program residing or otherwise established within the European Union shall besides refer to the white paper published by the Foundation on https://docs.anoma.foundation  as available at the following URL: MiCA Whitepaper I  and MiCA Whitepaper II .

These Terms govern the rights and obligations of participants (“Participant(s)”) when participating in the Airdrop Program of the Foundation.

2. Accepting the Terms

By participating in the Airdrop Program, the Participant accepts and agrees to be bound by these Terms and all the terms incorporated herein by reference.

The Foundation reserves the right to change or modify these Terms at any time in its own and sole discretion. All changes are effective immediately when communicated on the website or other channels chosen by the Foundation.

Participants may not participate in the Airdrop Program if they disagree with the Terms.

3. Airdrop Program

The Airdrop Program is a program that allows Participants who have contributed to strengthen and promote the Anoma ecosystem to receive Tokens in accordance with these Terms.

Details of the Airdrop Program in its latest version are at all times made available by the Foundation under: https://docs.anoma.foundation  (“Website”)

The Foundation may alter or terminate the Airdrop Program, or the right to participate in the Airdrop Program, at any time, in its sole discretion.

4. Eligible Participants

The Airdrop Program is a discretionary program provided by the Foundation, pursuant to which the Foundation may, in its sole discretion, provide the Participants Tokens to the Participants who satisfy certain criteria designated by the Foundation or its affiliates (“Qualifying Criteria”). The eligibility of a Participant to participate in the Airdrop Program and to receive Tokens is subject to the sole discretion of the Foundation.

The Qualifying Criteria, with the specifics as communicated from time to time on the Website, and may include (not exhaustive):

  • Participation in the Anoma Testnet;

  • Participation in Kaito rankings and tweeting about Anoma;

  • Contribution and participation in the Anoma community and the Anoma Discord server.

The Foundation may change the Qualifying Criteria at any time at its full discretion.

5. Duration of the Airdrop Program

The Foundation will publish information on the duration of the Airdrop Program or specific phases thereof on the Website (“Airdrop Period”).

Notwithstanding any other information provided by the Foundation regarding the Airdrop Program (including on its website, blog posts or through other communications such as forums, Telegram, Discord, or other channels), the Foundation may change, discontinue, or terminate, temporarily or permanently, all or any part of the Airdrop Program, at any time and without notice, at its sole discretion.

6. Token Distribution

The Foundation will publish on the Website each distribution round (an “Distribution Event”), specifying the number of Tokens allocated through such Distribution Event, the timing of their distribution to Participants who have met the Airdrop Program’s Qualifying Criteria up to that point or within a specific phase, as well as the modalities of such distribution.

Each Distribution Event shall be determined in the full discretion of the Foundation.

The Qualifying Criteria do not guarantee the effective receipt of Tokens through a Distribution Event, nor of a specific amount of Tokens per Qualifying Criteria being met.

Participants have no right and/or claim to receive any Tokens even if they fulfil the Qualifying Criteria.

7. General Provisions

No claim against Foundation: Neither do these Terms constitute nor does the participation trigger any kind of binding obligation of the Foundation to execute the Airdrop Program, proceed with a Distribution Event, or allocation a specific number of Tokens to any Participant. Participants do not have any right and/or claim against the Foundation to receive any Tokens.

Maximum amount: The Airdrop Program has a limited number of Tokens available which amounts to up to 10% of the initial total Token supply. i.e. 1 billion Tokens. A.,.

Ban of Participants: The Foundation reserves the right, at its sole discretion, to ban a Participant from participating in the Airdrop Program, in particular (but without limitation), in case of any abusive behaviour.

8. Prohibited Activities

Any Participant will not (in each case except as otherwise contemplated as part of these Terms):

  • Initiate any attacks that violate Foundation’s or third party service provider’s rules or policies;

  • Disrupt, compromise, or otherwise damage data or property owned by Foundation or other parties affiliated with the Foundation;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, creating, encouraging or implementing Sibyl attacks;

  • Participate in the Airdrop Program from a jurisdiction other than the jurisdiction of the Participant’s residence; and

  • Encourage or enable any other individual or entity to do any of the foregoing or otherwise violate these Terms.

9. Representation and Warranties of the Participants

Participants represent and warrant that their receipt of Tokens within the Airdrop Program is at all times compliant with applicable law and regulations in their jurisdiction (in particular, in the respective country of citizenship, residency or domicile), and that the Foundation will not accept any liability for any illegal or unauthorized use of Tokens. In case of any change in legislation in the Participants jurisdiction leading to the receipt and/or use of or the Tokens becoming illegal, the Participant agrees to cease using the Tokens immediately and absorb any possible damages and losses arising out of the same.

Furthermore, the Participant represents and warrants to the Foundation the following, and acknowledges that the Foundation is relying on these representations and warranties:

  • Participant has the full right, power and authority to participate in the Airdrop Program and accept these Terms;

  • Participant owns, or has secured all rights (including intellectual property rights), consents, clearances and approvals necessary to be able to grant the rights granted hereunder;

  • Participant is not listed, or associated with any person or entity listed, on any of the Swiss State Secretariat for Economic Affairs (SECO) Overall List of Sanctioned Individuals, Entities and Organizations, the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, or the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, and neither the Participant nor any of its affiliates, officers or directors is a resident of a country or territory that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on money laundering;

  • Participant confirms not to be resident of, citizen of or located in a geographic area that is subject to Swiss, UN-, US-, or EU-, or any other sovereign country sanctions or embargoes and is not participating in the Airdrop Program from one of the countries embargoed or restricted by the SECO, including, but not limited to: Belarus, Burundi, Central African Republic, Congo, DPRK (North Korea), Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, Moldova, Myanmar (Burma), Nicaragua, Republic of South Sudan, Russia, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, or Zimbabwe (“Prohibited Jurisdictions”);

  • PARTICIPANT HEREBY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ANY ENTITY OR INDIVIDUAL INVOLVED IN THE AIR DROP PROGRAM OF THE FOUNDATION;

  • Participants understand and accept that they have not relied on any representations or warranties made by the Foundation or any other person outside of those made in these Terms, including but not limited to, conversations of any kind, whether through oral or electronic communication, or any presentation, technical paper, whitepaper, social media content or website posting;

  • Participant is of legal age in the jurisdiction applicable to him and that he has the right, authority and capacity to enter into these Terms;

  • Participant understands and accepts that no public market now exists for the Tokens, and the Foundation has not made any assurances that a public market may ever exist for the Tokens;

  • Participant is a non-U.S. person as defined in Rule 902 (k)(2) of Regulation S under the U.S. Securities Act of 1933. No directed selling efforts (as defined in Rule 902(c) of Regulation S) were made in the United States, and the Participant is not receiving the Tokens for the account or benefit of any U.S. Person(s);

  • Participant understands that the Tokens have not been, and will not be, registered under the U.S. Securities Act of 1933 or any applicable state securities laws in the U.S;

  • Participant will not use a VPN or other tool to circumvent any geoblock or other restrictions that the Foundation may have implemented for Participants in the Airdrop Program. Any circumvention or violation will permanently disqualify the respective Participant from participation in the Airdrop Program.

  • Participant has not granted any other party any rights that conflict with the rights granted herein.

10. Wallet

Claiming the Tokens from the Airdrop Program may require reliance on or an integration with third party products (e.g., a wallet, a network, or blockchain) that the Foundation does not control. In particular, the Foundation has no control over the private keys of the Participant and the use of the wallet is subject to the terms and conditions of the respective third-party wallet provider. The Foundation has no custody or control of the wallets and Participants are solely responsible for the security of their wallet. The Foundation is not responsible for managing and maintaining the security of Participant’s wallets.

Tokens allocated to the Participant’s address can only be accessed with the Participant’s access data and/or private key. The Participant understands and accepts that if its private key or wallet password were lost or stolen, the access to the Participant’s Tokens allocated to the Participant’s address would be unrecoverable and would be permanently lost. The Foundation has no control over the Participant’s Tokens; therefore, the Participant shall have no recourse to seek any refunds, recovery or replacements from the Foundation in the event that he cannot access the wallet and/or Tokens anymore and/or any Tokens are lost or stolen.

11. No Fees

The Foundation will not charge any fees associated with the Airdrop Program. However, Participants may need to pay Protocol fees (gas fees) in order to claim Tokens.

12. Exclusion of Warranties and Liability of the Foundation

To the extent permitted under applicable law, and except as expressly provided to the contrary in writing by the Foundation, the Tokens are provided on an “as is” and “as available” basis. The Foundation and/or its affiliated parties disclaim any and all warranty with regard to any Tokens the Participant may receive.

The liability of the Foundation is limited to direct damages arising out of acts of intent and gross negligence. Any liability for indirect damages or consequential damages, including loss of profit, and/or damages arising out of negligent conduct, is excluded.

The Participant hereby expressly agrees that the Foundation and/or its affiliated parties shall not be liable for any damages, losses, including loss of any (future) profits, resulting from the receipt of the Token, regardless of the basis upon which the liability is claimed.

The Foundation will not be responsible or liable to Participants for any loss and take no responsibility for, and will not be liable to Participants for any allocated Tokens or any losses, damages, or claims arising from: (a) Participant error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing or bruteforcing.

13. Indemnification

Participant agrees to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Foundation, and its respective past, present, and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Foundation Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interests, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to Participant’s use or misuse of the Tokens or Participant’s violation or breach of these Terms or applicable law, and Participant’s violation of the rights of or obligations to a third-party, including another Participation or third-party, and Participant’s negligence or wilful misconduct. Participant agrees to promptly notify the Foundation of any Claims and cooperate with the Foundation Parties in defending such Claims. Participant further agrees that the Foundation Parties shall have control of the defence or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities as set forth in a written agreement between the Participant and the Foundation.

14. Disclaimer

The Foundation and its officers, employees, directors, subsidiaries, affiliates, agents and licensors make no warranty or representation and disclaim all responsibility for whether the program of the Foundation: (a) will meet Participant’s requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. The Foundation disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether oral or obtained from the Foundation Parties or through the program, will create any warranty or representation not expressly made herein.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. To the extent the Foundation may not, as a matter of applicable law, disclaim any (implied) warranty, the scope and duration of such warranty shall be the minimum permitted by applicable law.

15. Intellectual Property

Any of the Foundation’s promotional materials, software, services, content, logos, trademarks, knowhow and other intellectual property provided by the Foundation shall remain the exclusive property of the Foundation. Any and all intellectual property and knowhow created, generated, or developed by Participants in connection with their participation in the Airdrop Program, including but not limited to promotional materials, content, ideas, concepts, designs, logos, trademarks, and any derivative works thereof, shall be the exclusive property of the Foundation.

Participants hereby irrevocably assign, transfer, and convey to Foundation all rights, title, and interest, including any intellectual property rights, in and to any intellectual property created or contributed by Participants in connection with their participation in the Airdrop Program.

Participants acknowledge and agree that they shall not retain any rights, licenses, or claims to the intellectual property created or developed in connection with their participation in the Airdrop Program, and shall not use, reproduce, distribute, or exploit such intellectual property without the explicit written consent of the Foundation.

16. Confidentiality

Participants acknowledge that, in connection with the participation in the Airdrop Program, the Participants may be exposed to data and information, including product, technology, business, and strategy information that is confidential and proprietary to the Foundation (“Confidential Information”). All Confidential Information shall be sole and exclusive property of the Foundation and may be used by the Participants only for assisting in resolving any security issues they have reported to the Foundation. Participants may not reveal, publish, or otherwise disclose the Confidential Information to any third party without the prior written consent of the Foundation, and shall protect the Confidential Information from disclosure using the same degree of care they use to protect their own confidential information of like kind, but in no event using less than reasonable care.

17. Tax Considerations

Participants are solely responsible for determining what, if any, taxes apply to the allocated Tokens via the Airdrop Program. The Foundation is not responsible for determining or paying the taxes that apply to such allocation.

All taxes (including value added tax, if any), duties, levies, assessments and other charges of any kind whatsoever imposed by any government or authority upon the Participant in connection with these Terms shall be borne by and at the expense of the Participant.

18. Relationship of the Parties

The Foundation and the Participant are independent parties. These Terms do not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

19. Severability

If any provision of these Terms is invalid, illegal or unenforceable in any relevant jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal or unenforceable, the Terms shall be modified to effectuate the original intent of the original provision as closely as possible.

20. Assignments and Transfers

These Terms, including any rights and obligations contained herein, cannot be assigned or transferred by the Participant in whole or in part without the previous written consent of the Foundation. Any assignment or transfer that does not conform with the terms of this provision shall be void.

The Foundation is entitled to assign or transfer these Terms in whole or in part to any other entity.

21. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction). The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

Any dispute, controversy, or claim arising out of, or in relation to the Airdrop Program shall be resolved exclusively by arbitration. The arbitral proceedings shall be conducted in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules:

  • The number of arbitrators shall be three.

  • The seat of the arbitration shall be Zurich, Switzerland.

  • The arbitral proceedings shall be conducted in German.

A respective arbitral award may only be challenged before the Swiss Supreme Court on the limited grounds as provided in Article 190 para. 2 Swiss Private International Law Act, i.e. (i) improper constitution of the arbitral tribunal; (ii) incorrect decision on jurisdiction; (iii) award beyond the claims submitted or failing to decide all claims submitted; (iv) violation of a party’s right to be heard or of its right to equal treatment; and (v) incompatibility of the award with public policy.

22. Privacy Policy

Both Parties undertake to comply with the applicable data protection provisions. The data privacy policy of the Foundation as amended from time to time and can be found on the Foundation’s Website.

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