Terms of Service

Welcome to Vertical Dream, a platform where users can connect their compatible Ethereum or Polygon wallets containing a Non-fungible Token (“NFT”) and participate in a contest for the opportunity to have one of their NFTs featured in an exciting new digital content project (“Contest”). By accessing or using VerticalDream.io (“Site”) you agree to be bound by the following Terms of Service & Conditions (“TOS”) by Vertical Dreams, LLC (“Company”). Please read them carefully. If you do not agree to these TOS, do not use Site.

  1. Eligibility: The Contest is open to individuals who are at least 18 years of age or the age of majority in their jurisdiction of residence, whichever is higher. By participating in the Contest, you represent and warrant that you meet these eligibility requirements. The Contest is not open to individuals from any jurisdiction where participation in the Contest is prohibited.
  2. Contest: The Contest will run from February 20, 2023 to March 6, 2023. There is NO PURCHASE NECESSARY TO ENTER. Individuals will be permitted to enter the Contest by connecting their compatible Ethereum or Polygon wallet (“Wallet”) containing one or more eligible NFTs to the Site and selecting up to five NFTs they would like to enter for the Contest. Entries made by an individual but not received or accepted by the Site are void, and the Site is not responsible for any entries not received or accepted. Any fraudulent interference with the entry process or attempt to breach these Official Rules may result in an individual’s disqualification from the Contest in the sole discretion of the Site. (If you use a mobile device to enter, your wireless-service provider’s data rates may apply.)
  3. Connecting your NFT Wallet: By connecting your Wallet to Site, you grant the Site permission to access your NFT collection for the purposes of verification of NFT ownership and eligibility for the contest. You represent and warrant that you have the right to grant this permission. The site will not ask you to perform any on chain transactions. You are solely responsible for securing your Wallet and ensuring the safety of your private keys. The Site is not responsible for any losses or damages resulting from the unauthorized use of your Wallet.
  4. User Responsibility: You are responsible for all actions and transactions performed through your Wallet connection on the Site. You agree to use the Site only for lawful purposes and not to engage in any illegal or malicious activities.
  5. User Content: The Site may allow you to submit, upload, or otherwise make available content, including but not limited to text, images, and videos (hereinafter referred to as "User Content"). You grant the Site a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, copy, modify, display, and distribute the User Content in connection with the Site and on the Company’s social media platforms for non-commercial, promotional purposes only. 
  6. Intellectual Property: The Site and content specifically owned by the Company, including but not limited to text, images, graphics, logos, and software, are protected by copyright, trademark, and other intellectual property laws. You may not use any of the Site's content without the express written permission of the Site. 
  7. Ownership of NFT: By submitting your NFT for consideration, you represent and warrant that you are the rightful owner of the NFT and have the full commercial licensing rights to license ownership to the Company for use in the digital content project.  You represent and warrant that your NFT does not infringe the intellectual property rights of any third party. The Company reserves the right to disqualify any NFT that it determines, in its sole discretion, infringes the intellectual property rights of any third party. You will continue to maintain ownership of the NFT throughout and after the Contest period, even if selected as a Contest winner. Mere submission of an NFT in the Contest does not grant any licensing rights to the Site for the digital content project; however, in order to claim a prize, a separate licensing agreement must be executed by the owner.
  8. Contest: The Site’s Contest offers the opportunity to have your NFT featured in a digital content series. To be eligible to participate in the Contest, your NFT must meet the criteria set forth in the Contest rules on the Site. The Site reserves the right to change the Contest rules or cancel the Contest at any time without notice.
  9. Contest Rules: The Contest will run for a specified period of time, as determined by the Site. During the Contest, a single user can submit up to five eligible NFTs, which will be evaluated by a panel of judges based on various criteria, including originality, creativity, and artistic merit. The judges will select one NFT to be licensed for use in the content from a single user.
  10. Prize: If your NFT is chosen as the winner of the contest, the Site requires all winners to undergo a Know Your Customer (KYC) verification process for compliance reasons. This process may include providing personal information, such as your name, address, and government-issued identification. You represent and warrant that all information you provide during the KYC process is accurate and up-to-date. Prize information is listed on the Contest Rules on the Site. In order to claim prize upon selection of an NFT as a Contest winner, the owner will also be required to execute a separate agreement granting to the website and the Company a non-exclusive, perpetual, worldwide, royalty-free license to use, display, and reproduce your NFT and any derivative works of the NFT for the purposes of the Contest and the digital content series.
  11. User Responsibility: The Site will use reasonable efforts to have the winner’s NFT(s) featured in the digital content project. The Site does not guarantee that your NFT will be featured in the content. If your NFT is not featured, the Site will not be responsible for any damages resulting from the non-inclusion. The exact terms of the license will be determined between Site and the winner.
  12. Data. The Site collects personal information from each individual when the individual enters the Contest. The Site will treat all personal information in accordance with any applicable data protection laws.
  13. Disclaimer of Warranties: Site is provided on an “as is” and “as available” basis. The Site makes no warranties of any kind, express or implied, as to the operation of Site or the information, content, materials or products included on Site. You expressly agree that your use of Site is at your sole risk.
  14. Limitation of Liability: Site will not be liable for any damages of any kind arising from the use of Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
  15. Indemnification: You agree to indemnify, defend and hold harmless Site. its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of your violation of these TOS, your use of Site, or your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right.
  16. Changes to TOS: Site reserves the right to modify these TOS at any time without notice. Your continued use of Site following the posting of changes to these TOS will mean you accept those changes.
  17. Governing Law: Each individual agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants rights and obligations, or the rights and obligations of the individual in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules.
  18. Dispute Resolution: Any dispute arising out of or in connection with these TOS shall be submitted to and settled by binding and confidential arbitration in accordance with the rules of the American Arbitration Association in Los Angeles County, California by a single arbitrator. Parties involved in arbitration shall bear their own legal fees and costs in any arbitration and shall equally split the fees of the arbitration and the arbitrator. Any decision and findings of the arbitrator shall be final and binding on the Parties and held confidential by the Parties, and the Parties agree to execute all documents necessary to maintain such confidentiality.
  19. Severability: If any provision of these TOS is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these TOS.

Eligibility and International Usage 

We make no representation that the Site is appropriate or available for use in any specific country. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. You are also restricted from using these services if you are an individual that is sanctioned by the Office of Foreign Assets Control (OFAC), or otherwise located in any country, region or jurisdiction sanctioned by OFAC or another U.S. agency. A representative sample of current OFAC countries is listed in Appendix 1. 

APPENDIX 1: OFAC Excluded Jurisdictions 

OFAC's programs are dynamic, but as of the Current Date, a representative sample of jurisdictions includes: 

● Balkans 

● Belarus 

● Burma 

● Burundi 

● Central African Republic 

● Congo, Democratic Republic of 

● Crimea region of Ukraine 

● Cuba 

● Iran (Islamic Republic of) 

● Lebanon 

● Libya 

● Mali 

● Nicaragua 

● North Korea (Democratic Republic of Korea) 

● Somalia 

● South Sudan 

● Sudan 

● Syria 

● Crimea / Russia-related 

● Venezuela 

● Yemen 

● Zimbabwe

2025

0%

0