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PRIVACY POLICY
FITBURN is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Data we collect, use, and share in connection with the FITBURN website, mobile app, and other software provided on or in connection with our
services, as described in our Terms of Service (collectively, the “Service”). “NFT” in this Privacy Policy means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
1. TYPES OF DATA WE COLLECT
“Personal Data” means data that allows someone to identify you individually, including, for example, your name, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing. “Anonymous Data” means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We only collect Anonymous Data as described above.
2. INFORMATION YOU PROVIDE US
When you use our Service we do not collect any Personal Data from you, such as email address, first and last name, user name, and other information. If you provide us with feedback or contact us, we will collect your name and contact information, as well as any other content included in the message. We may also collect Personal Data at other points in our Service where you voluntarily provide it or where we state that Personal Data is being collected.
3. INFORMATION COLLECTED VIA TECHNOLOGY
As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
3.1. INFORMATION COLLECTED BY OUR SERVERS
To provide our Service and make it more useful to you, we may collect information from you, including, but not limited to, your browser type, operating system, Internet Protocol (“IP”) address, mobile device ID, blockchain address, wallet type, and date/time stamps. This information does not permit the identification of individual persons.
3.2. LOG FILES
As is true for most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamps, and clickstream data. We use this information to analyse trends, administer the Service, track users’ movements around the Service, and better tailor our Services to our users’ needs. This information does not permit the identification of individual persons.
3.3. COOKIES
We use only one anonymous cookie to collect information.
3.5. ANALYTICS SERVICES
We use a third-party analytics service (“Google Analytics”) to help analyse how users use the Service. The information generated by the Cookies or other technologies about your use of our Service (the “Analytics Information”) is transmitted to the Analytics Services. The main component that links user browsing behaviour is the clientID and a cookie is used to store and carry forward that clientID from page to page. Therefore, we prevent
the Analytics Services from storing that clientID in a cookie. We do that by using a script within a tag management system that generates a new and random clientID on every page unload. This effectively renders the user completely anonymous, but still allows us to see the interactions on the site.
The Analytics Services use Analytics Information to compile reports on user activity, which we may receive on an individual or aggregate basis. We use the information we get from Analytics Services to improve our Service. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ terms of use and privacy policy. By using our Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.
4. INFORMATION COLLECTED FROM THIRD-PARTY COMPANIES
We do not receive or collect Personal and/or Anonymous Data about you from third-party companies.
5. PUBLIC INFORMATION OBSERVED FROM BLOCKCHAINS.
We do not collect or store data from activity that is publicly visible and/or accessible on blockchains, including wallet addresses and information regarding purchases, sales, or transfers of NFTs, which may then be associated with other data you have provided to us.
6. USE OF YOUR PERSONAL DATA.
We do not collect, store, or process your personal data.
7. DISCLOSURE OF YOUR PERSONAL DATA.
We do not collect, store, or process your personal data.
8. LEGAL RIGHTS
FITBURN may disclose Personal Data collected when you have contacted us or provided voluntarily, if it believes in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants, or other legal process served on FITBURN; (c) to protect or defend the rights or property of FITBURN or users of the Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service.
9. OTHER DISCLOSURES
We may collect and disclose your Personal Data: to fulfil the purpose for which you provide it; for any other purpose disclosed by us when you provide it; or with your consent.
10. THIRD-PARTY WEBSITES
Our Service may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Service and go to another site, and another entity may collect Personal Data from you. We have no control over, do not review, and cannot be responsible for these third-party websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third-party websites or their content, or to any collection of your Personal Data after you click on links to such third-party websites. We encourage you to read the privacy policies of every website you visit. Any links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.
11. THIRD-PARTY WALLETS
To use our Service, you must use a third-party wallet which allows you to engage in transactions on public blockchains. Your interactions with any third-party wallet provider are governed by the applicable terms of service and privacy policy of that third party.
12. DATA ACCESS AND CONTROL
If you are a user in the European Economic Area or United Kingdom, you have certain rights under the respective European and UK General Data Protection Regulations (“GDPR”). These include the right to (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time. If you are a California resident, you have certain rights under the California Consumer Privacy Act (“CCPA”). These include the right to (i) request access to, details regarding, and a copy of the personal information we have collected about you and/or shared with third parties; (ii) request deletion of the personal information that we have collected about you; and (iii) the right to opt-out of sale of your personal information. As the terms are defined under the CCPA, we do not “sell” your “personal information.” If you wish to exercise your rights under the GDPR, CCPA, or other applicable data protection
or privacy laws, please contact us at the email address provided below, specify your request, and reference the applicable law. We may ask you to verify your identity, or ask for more information about your request. We will consider and act upon any above request in accordance with applicable law. We will not discriminate against you for exercising any of these rights. Notwithstanding the above, we cannot edit or delete any information that is stored on a blockchain, for example the Ethereum blockchain, as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and NFTs held at that address.
13. DATA RETENTION
We do not collect any Personal Data through use of our Service, and therefore, we do not retain any personal data.
14. DATA PROTECTION
In the event that any information under our custody and control is compromised as a result of a breach of security, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, notify those individuals whose information may have been compromised. You are responsible for the security of your digital wallet, and we urge you to take steps to ensure it is and remains secure. If you discover an issue related to your wallet, please contact your wallet provider.
15. MINORS
All users to be at least 18 years old. Minors who are at least 14 years old but are under 18 years old may use a parent or guardian’s FITBURN account, but only with the involvement of the
account holder.
16. CROSS-BORDER TRANSFER OF DATA
FITBURN does not collect any personal data, and therefore, no personal data is transferred or processed outside the user’s country of residence.
17. UPDATION OF PRIVACY POLICY
We may update this privacy policy from time to time. The updated version will be indicated by an “Last updated” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you by prominently posting a notice of such changes on the website. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.
18. CONTACT SUPPORT
If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following email address: info@fitburn.ai
OFFICIAL RULES
[Fitburn Car Sweepstake]
[Official Rules]
FITBURN LAMBORGHINI CAR GIVEAWAY
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE UNITED KINGDOM, SWITZERLAND, EUROPEAN UNION & OTHER COUNTRIES, 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN PUERTO RICO, QUEBEC, AND WHERE PROHIBITED BY LAW.
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Eligibility
The Sweepstake is open only to legal residents of the United Kingdom, Switzerland, European Union, and other countries who are at least eighteen (18) years old at the time of entry who have a valid driver’s licence. Void in Puerto Rico, Quebec, and where prohibited by law. Employees of Fitburn Inc., and their immediate family members are not eligible to participate in the Sweepstake. The Sweepstake is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
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Sponsor
The Sweepstake is sponsored by Fitburn Inc., located at P.H. Miraluna, 5-D Ernesto T. Lefevre Ave. Panama City, Panama.
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Agreement to Official Rules
Participation in the Sweepstake constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
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Sweepstake Period
The Sweepstake begins on 15th of May 2023 at 8 am UTC and ends on the date (“end date”) when all NFTs for the sweepstake have been sold (the “Sweepstake Period”). Entries that are submitted before or after the Sweepstake Period will be disqualified. Sponsor’s computer is the official time-keeping device for the Sweepstake.
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How to Enter
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To enter the Sweepstake, entrants must begin with purchase of the $CAL token from https://marketplace.fitburn.ai.
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Using the $CAL Tokens, eligible individuals must Mint the Fitburn Lamborghini NFT(s) worth USD 50.00 each from https://marketplace.fitburn.ai.
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The number of Fitburn Lamborghini NFT(s) are limited to twenty thousand (20,000.00) NFT(s) only.
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Entries generated by script, macro or other automated or mechanical means are void. Entries which have been or appear to be tampered with are void.
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NFT(s) Minting transactions must be received by the “end date” to be eligible to receive entries.
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The NFT(s) once minted, cannot be returned to the sponsor.
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All entries become the property of the Sponsor and will not be acknowledged or returned.
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Prize
The confirmed winner will receive a Lamborghini Hurracan, 2023, standard Specifications.
The total approximate retail value of the prize is 300.000,- $.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. The Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
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Prize Drawing
On or about the draw date or on the eighth day following the purchase of the final NFT for the sweepstake, the Sponsor will select the potential winner in a random drawing through Automated Blockchain Draw Software from all eligible entries received during the Sweepstake Period. The odds of being selected depend on the number of entries received. The Draw will be telecasted live on Fitburn’s official YouTube and Telegram channels. The Sponsor will attempt to notify the potential winner via email within seven (7) days of the drawing. If the potential winner cannot be contacted within seven (7) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
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Winner Confirmation
The winner may be required to sign and return an affidavit of eligibility and liability and publicity release within seven (7) days of notification via email. Failure to comply with this requirement or the return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.
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Prize Redemption & Sale Option
The winner may have the option to sell the prize back to the sponsor of the sweepstake for a cash amount of USD 100,000.00 (One Hundred Thousand United States Dollars). By selling the prize back to the company, the person forfeits any further claim to the prize and releases all ownership rights to the sponsor. The sponsor reserves the right to refuse the offer to purchase the prize at any time.
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General Conditions
In the event that the operation, security, or administration of the Sweepstake is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstake to address the impairment and then resume the Sweepstake in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstake or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstake may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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Limitations of Liability and Indemnity
By participating in the Sweepstake, entrants agree to release and hold harmless the Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstake or receipt or use of any prize, including, but not limited to: (a) unauthorised human intervention in the Sweepstake; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstake or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstake or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to Five Dollars (USD 5.00), and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. The failure of the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
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Disputes & Governing Law
Except where prohibited, entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstake or any prize awarded shall be resolved individually, without resort to any form of class action. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstake, shall be governed by, and construed in accordance with, the laws of Republic of Panama, and shall be resolved through good faith negotiations. If the parties cannot reach an agreement, the dispute shall be submitted to binding arbitration at the Center of Conciliation and Arbitration of Panama Panama, in accordance with the rules of the International Chamber of Commerce.
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Publicity
By participating in the Sweepstake, entrants grant the Sponsor the right to use their name, likeness, and entry for promotional purposes, including without limitation, on the Sponsor’s website, social media channels, and in any other media, in perpetuity, without compensation, notification, or approval from the entrant, unless prohibited by law.
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Social Media Disclaimer
This Sweepstake is in no way sponsored, endorsed, or administered by, or associated with, any social media platform, including but not limited to Facebook, Twitter, or Instagram. By entering this Sweepstake, entrants agree to release and hold harmless any social media platform from any and all liability associated with this Sweepstake.
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Amendments
The Sponsor reserves the right to amend these Official Rules at any time without notice. The current version of the Official Rules will be posted on the Sweepstake landing page.
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Entire Agreement
These Official Rules constitute the entire agreement between the Sponsor and the entrants with respect to the Sweepstake and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the Sponsor and the entrants.
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Severability
If any provision of these Official Rules is determined to be invalid or unenforceable, the remaining provisions of these Official Rules shall remain in full force and effect.
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Communication
By entering the Sweepstake, entrants agree to receive promotional emails from the Sponsor. Entrants may unsubscribe from these emails at any time by clicking on the unsubscribe link provided in each email.
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Data Protection & Privacy
The Sponsor is committed to protecting the privacy of entrants. Any personal information collected in connection with this Sweepstake will be used only for the purposes of administering the Sweepstake and will not be shared with any third parties, except as necessary for the administration of the Sweepstake.
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Contact Information
For questions or concerns about the Sweepstake or these Official Rules, please contact the Sponsor at info@fitburn.ai.
By entering this Sweepstake, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstake.
Car (Prize) Manufacturer is not Sponsor or Participant in this Sweepstake.
©2023. Fitburn Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Fitburn Inc.