PENKY Game rules
The game, entitled "Penky", is based on a virtual tournament that tracks the real performance of worldwide Celebrities, accessible from a dedicated area ("Gaming Arena") on the Website.
These Rules are applicable to the Game made available to Users of the Service. It does not exempt Participants from complying with the Terms and Conditions of the Service.
THE GAME IS FREE. A PURCHASE OF COLLECTIBLES DOES NOT IMPROVE CHANCES OF WINNING.
Article 1 – Definitions
Collectible Refers to the digital cards featuring a Celebrity that are available within the Service, as well as the underlying tokens that can be used on a blockchain.
Entry Refers to the User's submission to participate in a given Tournament.
Entry period Refers to the period during which the User may participate in a given Tournament.
Game Refers to the Penky game whose rules are set by these Rules. The game is embodied in the organization of Tournaments.
Jury refers to a group of 5 people - chosen randomly from among the participants - who have to decide the winners of each tournament.
Organizer Refers to Penky DAO, which operates a service of issuance and exchange of collectible digital cards on blockchain. As part of this activity, it organises a promotional game for its users, governed by these Rules.
Participant Refers to users who have submitted a Celebrity to participate in a given Tournament.
Rules Refers to the present rules which apply in the context of the Game. By submitting an Entry, Participants fully and unconditionally agree to and accept these Rules.
Service Refers to every services accessible on www.penky.store with a user account.
Team Refers to the composition of min 2 different Collectibles.
Tournament Refers to tournaments organized at the discretion of the Organizer to which users are invited to participate by submitting a Celebrity and at the end of which prizes are awarded.
Website Refers to the website www.penky.store including any subdomains thereof, and any other websites through which Penky makes its services available.
Article 2 – Game description
The Game is a free promotional game organized to promote the main activity of the Organizer. The Game is organized into several Tournaments.
The purpose of the Game is to get the best performing Collectibles to win the Tournaments on the Penky Arena platform.
The best Collectible of each Tournament is the one that finishes the Tournament with the most sum of points given by the Jury.
The best Teams in each Tournament win prizes as described below.
Article 3 – Duration
The Game is offered for an unlimited period of time but may be stopped by the Organizer at any time and without notice once all announced Tournaments have ended.
The number and frequency of Tournaments is at the discretion of the Organizer. In any event, the opening of a Tournament is announced to the public at least 1 hour before it starts in the “Game Arena” section of the Website.
The duration of each Tournament may vary depending on the events planned.
Article 4 – Participation conditions
Article 4.1 – Eligibility
The Game is open to all natural persons who are at least 18 years old at time of Entry, who is regularly registered for the services provided by Penky, and who meets the necessary conditions to participate.
It is strictly forbidden for a user to create multiple accounts on Penky.
To participate, the user must hold at least one Collectible.
Each collectible can participate in any tournament, even if out of category. However, a collectible cannot participate in the same tournament simultaneously.
Each user can join as many Tournament as his/her Collectibles allow.
Article 4.2 – Entry period
The period during which Users may participate may vary depending on the duration of the Tournament. The Entry period in a given Tournament is always specified in advance on the Website and materialized by a countdown.
In practice, the Participant can access the "Gaming Arena" with his/her Collectibles during the Entry period.
Following the Tournament, the prize winners will be selected.
Article 4.3 – Entry
In all cases, Participants may enter the Tournament of their choice by submitting 1 or more Collectibles.
There are different types of Tournaments depending on the scarcity of the Collectibles. Participation in these Tournaments is subject to restrictions in terms Collectible supplies:
Article 5 – Winners’ selection
Article 5.1 – Exclusion and fraud
THE ORGANIZER RESERVES THE RIGHT TO EXCLUDE ANY PARTICIPANT WHO DOES NOT COMPLY WITH THE RULES OR WHOSE BEHAVIOR COULD BE CONSIDERED FRAUDULENT.
ANY VIOLATION OF THESE RULES BY ANY WINNER WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE TOURNAMENT AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Article 5.2 – Weekly Tournaments
A winner is awarded for each Tournament. In the event of a tie between 2 or more winners, the sum of the prize is divided equally between them.
The winner is the Collectible who received the most votes from the Jury.
Article 6 – Prizes
Article 6.1 – Nature of the prize
Prizes depend on the Tournament. The prizes awarded are:
Collectibles – The scarcity of the Collectible awarded to the winners depends on the Tournament and their place in the ranking; only the number and scarcity of the Collectible bind the Organizer; the player represented by the Collectible is at the Organizer's discretion;
Ethers – The ether prize may only be awarded in ethers and may under no circumstances be offset against legal tender. The amount of the ether prize is fixed independently of the value of the ether in legal tender.
The prizes awarded can be found every week on the Gaming Arena.
Article 6.2 – Awarding of the prize
The prizes are automatically transferred to the wallet of the winners' accounts. Prizes may under no circumstances be delivered to a different address.
Article 7 – Winners’ announcement
Winners are notified in their personal account within the Game.
Winners will be displayed on the Website for the duration of the Game.
Article 8 – Rights granted
By entering this Game the Participants understand that the Organizer, anyone acting on behalf of the Organizer, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, the Participants’ Entry, including, without limitation, the Entry and winner's name, portrait, picture, voice, likeness, image or statements about the Game, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
Article 9 – Liability
Article 9.1 – Limitation of liability
The Organizer shall be under a best efforts obligation on all its obligations with regard to the operation of the Game.
In any event, his liability shall not be incurred beyond the loss of the Participant's chance to win.
Article 9.2 – Exclusion of liability
The Organizer may not be held liable in the case of force majeure or fault or negligence of the Participant, especially regarding the Collectible or prize loss.
It is expressly agreed that a failure of a blockchain protocol or technology (e. g. Ethereum, Polygon or Wallet) will be considered as a case of force majeure.
Article 10 – Conflicts of interests
Service members do not have access to information or software that would increase their chances of winning the Game. Therefore, there is no risk of conflict of interest in the Game.
Article 11 – Amendment
Modification and/or interruption of the Service – The Organizer reserves the right to modify or stop the accessibility of all or part of the service and/or the Website or Applications at any time.
Modification and/or interruption of the Game Rules – The Organizer reserves the right to modify, at any time, all or part of the Rules. By participating to the Game, Participants accept the Rules amendment. The applicable version of the Rules is the latest version published on the date of use of the services offered by the Organizer.
Article 12 – Non waiver
Failure by the Organizer at any time to require the other party to perform any of its obligations under these Rules will not affect the right of the Organizer to request their execution thereafter.
The nullity of any clause of these Rules does not affect the validity and the obligation to respect the other clauses.
Article 13 – Jurisdiction and applicable law
Article 13.1 – Applicable law
These Rules are governed by Swiss law solely.
Article 13.2 – Amicable settlement
In the event of a dispute arise between the Organizer and a Participant, the latter undertakes to inform the Customer Service Department at email@example.com taking care to specify his/her contact details and to provide any information allowing to appreciate the origin and the implications of the dispute.
Article 13.3 – Jurisdiction
In case of dispute, the Participant may refer to the competent jurisdiction with territorial jurisdiction under the law. In the event of no mandatory jurisdiction by the law, only the courts of the jurisdiction of the Court of Appeal of Lugano will be competent.
Last update: Nov 9, 2021