Week Contest Terms

Week Contest Terms

(Revised as of 02/01/2024)

These terms regulate your involvement in the Week Contest (the “Contest“) offered by Drone by Nature®️, its subsidiaries, and corporate affiliates (collectively referred to as “Drone by Nature®️”, “we“, or “us“) for referring customers to the Drone by Nature®️ website, www.dronebynature.com (the “Website“).

We retain the right, at our discretion, to alter, terminate, or modify the entire Contest or any part of it, as well as these terms, at any time. Such changes will be effective immediately upon notice published on the Website.

1. Eligibility for Contest Participation; Agreement to Terms
   • The Contest is available to all registered users of the Website. By engaging in the Contest, you are expressing your consent to be legally bound by both these Terms and the Website Terms and Conditions, as applicable at the relevant time.
2. Crediting and Payment of Winner Earnings
   • If you are recognized as one of the three (3) weekly winners, you are eligible to receive one of the three (3) weekly prizes, which are determined based on the weekly sales volume from the Website. This is subject to the terms, conditions, and limitations outlined in these Terms.
   • The applicable prizes are also specified and updated in the Week Contest page of the Website.
   • This amount is net of:
   • (i) taxes or withholdings required by applicable law,
   • (ii) outstanding amounts owed by the New User to us,
   • (iii) fees, charges, and/or costs payable to or deducted by financial institutions for processing payments received by us from the New User,
   • (iv) refunds, chargebacks, or bad debt due or made to the New User,
   • (v) discounts, and
   • (vi) amounts set aside for potentially false transactions, regardless of when accrued or determined.
   • Your eligibility to receive any payments under the Contest is contingent upon providing the information required by our registration process, accepting these Terms and the Website Terms and Conditions specified by us, and adhering to the same.
   • Contest payouts are executed on the 25th of each month when you accrue €20 or more. If you haven’t reached the €20 threshold yet, your earnings will be carried over to the next month. All payouts are in Euro (€). To ensure prompt receipt of your payouts, please make sure that your PayPal account information is consistently up-to-date and accurate.
   • Payment of your prize may be delayed by us for up to 90 days and will be net of applicable taxes or withholdings required by law, any overpayment of fees in a prior period, legal fees incurred in enforcing these Terms, and any other amount owed by you to Drone by Nature®️ under these Terms or otherwise. Any overpayment of your Referral Share by us must be refunded by you to us upon request.
3. Contest Guidelines
   • To qualify as a successful contest winner, please adhere to the following rules:
   • ·       The winner must be a current contributor (artists/drone pilots) on the Drone by Nature®️ Website. They must complete, submit, and have a valid Drone by Nature®️ registration.
   • ·       The contributor needs to have uploaded  his content(s) to the Free Content collection.
   • ·       The contest commences and concludes each week at midnight on Sunday.
   • ·       The 3 Contest winners (artists/drone pilots) win when one of their uploaded content in the Free Content collection attains the highest number of downloads within the just-concluded week.
   • ·       If two or more participants reach an identical download count for one their respective content, the ultimate winner is determined by the individual who reaches their final download count earliest.
   • Your participation and entitlement to the Contest is contingent upon compliance with the following terms:
   • ·       Avoid the use of spam or any actions that could bring disrepute to the Contest or Drone by Nature®️.
   • ·       You must not be a member of any affiliate marketing network or any entity providing benefits for bringing potential members to the website.
   • ·       In our sole discretion, Drone by Nature®️ will determine who is eligible to receive a prize.
   • ·       Do not share your online payment processing service account (e.g., PayPal) with another Drone by Nature®️ member, User, Contributor, or Licensee. Drone by Nature®️’s payment using the provided information will be considered full compensation.
   • ·       Refrain from using Drone by Nature®️’s trademarks or intellectual property or making unauthorized representations, warranties, or statements concerning Drone by Nature®️, the Website, or any products, services, or policies.
   • ·      Drone by Nature®️ calculates and updates automatically the 3 prizes amounts every week and/or payment schedules, with changes posted on the Week Contest page.
4. Indemnification Clause:
   • By accepting these terms, you commit to indemnify, defend, and absolve Drone by Nature®️ and its affiliates, along with their directors, officers, employees, shareholders, and agents (collectively referred to as the “Drone by Nature®️ Parties”) from any and all claims, actions, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from or related to any violation of these terms by you, your employees, or any other representative. Drone by Nature®️ retains the right, at your expense, to assume exclusive control of the defense and resolution of any matter that falls under indemnification by you. In such instances, you agree to collaborate with Drone by Nature®️ in the defense of the claim.
5. Term and Termination:
   • These Terms remain in effect for the duration of your participation in the Contest or until your participation is concluded by Drone by Nature®️, whichever transpires first. The Contest may also be discontinued by Drone by Nature®️, in its discretion, with notice posted on the Website. Once such notice is posted, both the Contest and these Terms are terminated. Drone by Nature®️ reserves the right to terminate these Terms by providing a 30-day notice via email to the last address in your registration information. Alternatively, you have the option to terminate these Terms by discontinuing your participation in the Contest at any time.
6. Limitation of Liability, Warranties, and Disclaimer of Warranty:
   • The limitations of liability, warranties, and disclaimers of warranty outlined in the Website Terms and Conditions are applicable in their entirety to the Contest, our associated services, and the Website. In relation to the aforementioned, these terms and provisions are expressly integrated into these Terms to the same extent as if they were fully articulated herein.
7. Age and Responsibility:
   • You affirm and guarantee that you are legally of an adequate age to utilize the Website and assume the responsibility to create binding legal obligations for any liability arising from your use of the Website and participation in the Contest.
8. Interpretation:
   • Unless the context necessitates otherwise within these Terms: (a) “including” (and its derivatives such as “includes”), “e.g.,” and “for example” signify “including but not limited to”; (b) expressions like “must not,” “should not,” “shall not,” and “may not” indicate prohibition, while “will,” “must,” “should,” and “shall” convey command rather than mere expressions of future intent or expectation; (c) the use of the singular encompasses the plural and vice versa; and (d) references to one gender or no gender also include the other or no gender.
9. Miscellaneous Provisions:
   • The parties involved in these Terms are considered independent contractors, and the terms, any contributors do not establish a joint venture, partnership, employment relationship, franchise, or fiduciary relationship between them. Neither party has the authority to obligate or bind the other.
   • If any provision or part of these Terms, or its application to any person or circumstance, is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain unaffected. The invalid provision will be interpreted, to the extent possible, in a way that preserves the original intent of the parties and is otherwise enforceable to the fullest extent permitted by law.
   • These Terms will be interpreted in accordance with the laws of France, without considering its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Contest, each contributor access to and use of the Website and entering into these Terms are considered to occur in France.
   • Disputes related to these Terms, the Contest, any content or the contributors involved will be exclusively resolved in a French court in France. Both parties waive objections to venue or forum inconvenience, as well as the right to a trial by jury. The parties consent to the jurisdiction of such courts.
   • You are obligated to promptly reimburse reasonable attorneys’ fees and court costs incurred by us in enforcing these Terms.
   • These Terms are personal and non-assignable by you without our prior written consent. We may assign these Terms to another party without your consent, provided the party agrees to be bound by its terms. All terms in these Terms are binding upon the parties and their respective heirs, legal representatives, successors, and permitted assigns.
   • The Drone by Nature®️ Parties are intended third-party beneficiaries of these Terms, and no provision in these Terms is intended to confer rights, benefits, or remedies upon any third party.
   • If you breach any provision of these Terms and we take no action, we retain the right to use our rights and remedies in any other situation where you breach these Terms.
   • The obligations, rights, and remedies outlined in these Terms are cumulative and additional to those at law or in equity.
   • These Terms, in addition to the Website Terms and Conditions (incorporated by reference), constitute the entire agreement between the parties, superseding any prior agreements, written or oral, express or implied, regarding the subject matter. In case of any inconsistency between these Terms and the Website Terms, these Terms govern.
10. Our Authority to Modify These Terms:
    • Irrespective of any provisions in this agreement or others, we retain the sole discretion to make modifications to these Terms and/or the Website Terms at our discretion, without restriction on timing or rationale.
    • No alterations, deletions, or amendments to any provision will be binding on us unless they are in writing, signed by our authorized representative, or posted on the Website by us.
11. Consent to Electronic Communications and Personal Data:
    • We may deliver notices to you via email to the User account at the provided email address on your User registration page. By using our services, you agree to receive communications from us electronically, acknowledging that all agreements, notices, disclosures, and other communications provided to you electronically fulfill any legal requirement for written communication.
    • You give consent to the sharing and processing of your personal information as part of our business operations by (a) us and our Subsidiaries, situated in various countries, with differing and, in some instances, less privacy protection than your country, and (b) in certain situations, the Content User, particularly in the event of inquiries regarding clearances or claims of infringement.
12. Acknowledgment and Acceptance of these Terms:
    • You recognize that you have perused these Terms, comprehended their content, and had the opportunity to seek independent legal advice before agreeing to them. By engaging in the Contest, selecting “I Agree,” or otherwise indicating acceptance, you acknowledge and agree to abide by these Terms personally and on behalf of the identified User, whether it be yourself, your employer, or another entity. If you are accepting on behalf of your employer or another entity, you affirm that you possess the full legal authority to bind them and participate in the Contest on their behalf. Furthermore, you concede that you have examined the Website Terms and any other agreements possibly incorporated herein and therein. To the extent of their inclusion in these Terms, you (and, where applicable, the other entity) consent to be bound by their terms.’’