Reward Terms and Conditions
Revision 10 October 2022The following terms and conditions ("Terms and Conditions") and privacy policy apply to the HUGO x Imaginary Ones NFT. Additional conditions might apply to certain Rewards. Such additional conditions will be clearly communicated to the Reward Platform.
The Rewards are organized by HUGO BOSS AG, Dieselstraße 12, 72555 Metzingen, Germany ("HUGO BOSS").
A - Definitions
"Eligible NFT Owners" shall refer to each NFT Owner of a Staked NFT, who has reached a certain level for the respective Reward (i.e., who has Staked the HUGO x IO NFT for the number of days, as identified on the Reward Platform.
"HUGO x IO NFT" shall refer to all official NFTs of the HUGO x Imaginary Ones: Embrace Your Emotions collection, which are sold by Imaginary Ones Pte. Ltd., 29 Media Circle #05-21, Singapore 138565.
"NFT Collection" shall refer to the first collection of HUGO x IO NFTs, launched in October 2022 (HUGO x Imaginary Ones: Embrace Your Emotions collection).
"NFT Owner" shall refer to the person, who is the holder of a HUGO x IO NFT of the NFT Collection in its personal cryptocurrency wallet or the person who has direct control over such NFT on the smart contract, on which the HUGO x IO NFT is staked.
"Reward" shall refer to the rewards as described on the Reward Platform for Eligible NFT Owners. Such rewards can include discounts, gifts, the chance to win in a sweepstake, or other promotions and activities.
"Reward Platform" shall refer to the website https://world.imaginaryones.com.
"Staked NFTs" shall refer to a HUGO x IO NFT, which has been Staked by the NFT Owner.
"Staking" shall refer to the process of placing a HUGO x IO NFT on a smart contract. As long as the HUGO x IO NFT is staked, the owner can earn certain Rewards by achieving certain time levels. During this process the owner of the NFT will not be able to see its NFT in its crypto wallet and will not be able to sell the respective NFT. The owner can remove the NFT from such smart contract at any time. By removing the HUGO x IO NFT from the smart contract, the owner loses all progress. If the owner decides to stake the same HUGO x IO NFT again, the reward system starts from the beginning.
B - Applicability
- These Terms and Conditions apply to the Rewards of Staked NFTs. Such Rewards will be described in detail on the Reward Platform. Only an Eligible NFT Owner has the right to benefit from a Reward.
- The Reward-specific terms and conditions under Section C to F shall apply to the specific Rewards. The general conditions and privacy policy under Section G and H apply to all Rewards.
- The Terms and Conditions shall only be valid for the first NFT Collection, which is launched in October 2022.
- The Terms and Conditions apply to each NFT Owner at the relevant time. For reasons of clarity in case an owner of an NFT sells the NFT to a third party, this third party becomes the NFT Owner. The Terms and Conditions will not apply anymore to the previous owner.
These Terms and Conditions apply only to natural persons, that are aged 18 years or more and usually resident in one of the following countries:
Albania, Algeria, Andorra, Australia, Austria, Bahrain, Belgium, Bulgaria, Canada, China, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hong Kong SAR - China, Hungary, India, Ireland, Israel, Italy, Kuwait, Latvia, Lithuania, Luxembourg, Macau SAR - China, Malaysia, Malta, Mauritius, Mexico, Monaco, Montenegro, Morocco, Netherlands, New Zealand, Nigeria, Norway, Philippines, Poland, Portugal, Republic of North Macedonia, Romania, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan Region, Thailand, Tunisia, UAE, United Kingdom, and United States
(hereinafter "Participating Countries").
C - Discounts
- In order to claim a discount, the NFT Owner must qualify as an Eligible NFT Owner and be a registered member of the HUGO BOSS EXPERIENCE program.
- Any discounts shall only be valid for the duration, the countr(y/ies) and the online shop and/or brick and-mortar stores as clarified on the Reward Platform. Discounts for hugoboss.com are only valid in the online shop of the country of residence of the NFT Owner.
- The discount cannot be combined with other promotions, offers and/or discounts. Certain product groups may be excluded from the discount. The discount can only be claimed by the Eligible NFT Owner.
- The discount is only valid in conjunction with the voucher code provided to the Eligible NFT Owner.
- Discounts for hugoboss.com are not valid on "Click and Collect" and "Order from Store" orders.
D - Gifts
- In order to claim a gift, the NFT Owner must qualify as an Eligible NFT Owner and be a registered member of the HUGO BOSS EXPERIENCE program.
- The gift can be a physical product or an event invitation. This section does not apply to digital gifts. The NFT Owner has to claim the gift on https://world.imaginaryones.com/ or any other page as indicated on the Reward Platform.
- The NFT Owner has to provide its name, address, size (if applicable), email address, phone number (if necessary) and cryptocurrency wallet ID address used for the HUGO x IO NFT on the Reward Platform. The provided shipping address must be an address within one of the Participating Countries. The gift will be shipped to the NFT Owner free of charge.
- Any NFT Owner will forfeit his or her claim to the gift if he or she does not validly claim the gift within the period stated on the Reward Platform after being eligible to claim the gift.
- Once the NFT Owner claimed the gift, the shipment of the gift will be arranged by or on behalf of HUGO BOSS.
E - Digital Gifts
- Digital Gifts will either be 'airdropped' (sent straight to the Eligible NFT Owner's wallet without incurring costs for the Eligible NFT Owner) or the Eligible NFT Owner needs to claim the digital gift on https://world.imaginaryones.com/ or any other page as indicated on the Reward Platform. In case the Eligible Owner needs to claim the digital gift, the owner needs to pay gas fees. HUGO BOSS has no influence on the amount of such gas fees. Depending on the cryptocurrency wallet, the provider of such wallet will give an indication of the gas fee.
- Any NFT Owner will forfeit his or her claim to the digital gift if he or she does not validly claim the digital gift within the period stated on the Reward Platform after being eligible to claim the digital gift.
- Once the NFT Owner claimed the gift, the provision of the digital gift will be arranged by or on behalf of HUGO BOSS.
F - Sweepstakes
- In case, HUGO BOSS offers a sweepstake, all Eligible NFT Owners, who activated the sweepstake on the Reward Platform, will automatically take part in the sweepstake.
- The date of the sweepstake, the prizes and number of winners of any sweepstake will be communicated and described on the Reward Site.
- On the date of the sweepstake, HUGO BOSS will choose the winners among all Eligible NFT Owners, using a web-based random generator tool (hereinafter "Winner").
- The Winners will be published by Imaginary Ones and/or HUGO BOSS on the discord channel of Imaginary Ones and on the Reward Platform.
- In order to claim the prize, each Winner has to provide its name, address, email address, and cryptocurrency wallet ID address used for the HUGO x IO NFT on the Reward Platform. The provided shipping address must be an address within one of the Participating Countries.
- Any Winner will forfeit his or her claim to the prize if he or she does not validly claim the prize within the period stated on the Reward Platform after the respective win notification. HUGO BOSS is entitled to choose a new winner by drawing lots from the remaining Eligible NFT Holders.
- Once the Winner claimed the prize, the prize award will be arranged by or on behalf of HUGO BOSS.
G - General
- Each NFT Owner is responsible for all costs which he or she incurs in connection with the Rewards and which are not included in the description of a Reward.
- Each NFT Owner is also responsible for any visa, that might be needed for a Reward.
- No cash alternative to any Reward will be provided.
- Rewards are not inheritable nor for sale and may not be transferred, exchanged and/or redeemed for cash except to any new NFT Holder, when the NFT is sold.
- The NFT Owners will be responsible for the payment of taxes that apply locally as well as any other charges or levies such as customs duties or other charges related to the Rewards.
- HUGO BOSS reserves the right to verify whether an NFT Owner is eligible to make use of a Reward. HUGO BOSS is especially entitled to ask an NFT Owner for a proof of age.
- Any illegible, incomplete or fraudulent entries will be rejected. Any entry made or attempted to be made for the Reward in a manner which, in the reasonable opinion of HUGO BOSS is not in accordance with these Terms and Conditions or is by its nature unfair to other NFT Owners (which may include, by way of example only, cheating, hacking, deception and/or use of robots or other automated programs) may be excluded from one or all Rewards or (if selected as a winning entry in a sweepstake) the relevant entrant deprived of the prize and another winner selected in accordance with these Terms and Conditions.
- HUGO BOSS will not be liable if, through no fault of its own, emails, letters, prizes, or gifts are lost, delayed, misdirected, corrupted or damaged in the mail and/or cannot be delivered for any reason provided that neither HUGO BOSS nor its vicarious agents have acted in a manner that was intentionally wrongful or grossly negligent. Emails will be deemed to be received on the date of transmission; communications sent by post will be deemed to be received 5 days after posting. Proof of submitting an entry is not proof of HUGO BOSS's receipt.
- HUGO BOSS accepts no responsibility for technical or other disturbances, including those resulting from the breakdown of its network, website, computer etc. which make realization of the Reward, impossible.
- HUGO BOSS gives no warranties or representations about the quality or suitability of any Reward. HUGO BOSS will only be responsible for damage which the entrant suffers in connection with entering the Reward or accepting or using any prize and/or gift as the result of gross negligence or intentional wrongdoing on its part or on the part of one of its vicarious agents or which the NFT Owner suffers as the result of a breach of a material duty (i.e. a duty whose fulfillment is a prerequisite for the conduct of the Reward and which the entrant was legitimately entitled to expect HUGO BOSS to comply with). This limit on liability does not apply to any damage resulting from a breach leading to the death, bodily injury and/or illness of the entrant or claims based on any applicable product liability law (Produkthaftungsgesetz) or any other liability which cannot be excluded by law.
- HUGO BOSS will not be liable for any failure to comply with its obligations in relation to any Reward, and reserves the right to terminate one, several, or all Rewards in whole or in part at any time if the activity (or any part of it) is not capable of running as planned, due in either case to any cause beyond the control of HUGO BOSS including, without limitation, a computer virus, force majeure technical failure, change of law, industrial action or unauthorised human intervention that could corrupt or affect the administration, security, fairness, integrity or proper conduct of a Reward.
- Further, HUGO BOSS may decide at any time to add further Rewards or to stop adding further Rewards for Staked NFTs.
- The terms and conditions as well as the privacy policy for the HUGO BOSS Experience Program are available on the country specific website of the HUGO BOSS online store (hugoboss.com).
- HUGO BOSS's decision on any aspect of any Reward is final and binding and no correspondence will be entered into.
- German law will apply. If an entrant has his ordinary residency at the time of benefitting from a Reward in another country within the European Union, any mandatory provisions of his or her local law will apply regardless of German law.
- If you have any queries about these Terms and Conditions or the Promotion, please contact HUGO BOSS at:
HUGO BOSS AG
(registered at the Local Court of Stuttgart, Germany, HRB 36 0610)
Dieselstraße 12
72555 Metzingen Germanyor by email at info@hugoboss.com
H - Data Protection
- The Controller of the processing of your personal data is
HUGO BOSS AG
Dieselstraße 12
72555 Metzingen, Germany.
Phone: +49 7123 94-0
E-Mail: info@hugoboss.com - You can reach the company Data Protection Officer also directly via E-Mail: privacy@hugoboss.com
- For offering this chance for your own NFT, your email address and Order ID will be collected on an allowist. Your data will be treated confidentially and only processed for this purpose. Your data will be automatically deleted on 31st December 2022. You can object to the processing at HUBO BOSS at any time (Art. 21 GDPR). You provide your data voluntarily, otherwise you will not be able to purchase HUGO x IO products nor participate in the HUGO x IO NFT allowlisting process.
- We process your name, email address and order ID as stated in the terms and conditions of participation respectively the participation modalities for the execution of the sweepstake, i.e. participation, drawing, announcement and settlement. For the place on the allowlist, we pass on the email and Order ID to the NFT provider Imaginary Ones, who is contractually bound to HUGO BOSS and only processes it according to instructions.
- The legal basis for the processing of your personal data is Art. 6 (1) (a) GDPR, you may revoke this consent at any time without giving reasons, which will not affect the lawfulness of the processing until revocation. Please note that you may then no longer be able to participate in the sweepstake and may not be further considered. There is no automated decision-making in individual cases within the meaning of Art. 22 GDPR.
- After the sweepstake has been carried out, the draw has been made and, if applicable, the winner has been announced as well as the prize has been shipped, the data collected from you will be deleted. Within our company, your personal data will only be given to the departments and persons who need this data to fulfil legal and contractual obligations. If necessary, the data will be passed on to our service providers, who are contractually and legally obliged to process the data exclusively on our behalf in accordance with our instructions and in compliance with the data protection regulations. Besides, your data will not be passed on to third parties.
- As a data subject you are within the context of the processing of your personal data entitled to the following rights under the given conditions:
- Right of access (Art. 15 DSGVO)
- Right to rectification (Art. 16 DSGVO)
- Right to erasure (Art. 17 DSGVO)
- Right to restriction of processing (Art. 18 DSGVO)
- Right to data portability (Art. 20 DSGVO)
Right to objection (Art. 21 DSGVO)
Under the conditions provided in Art. 21 (1) GDPR you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Art. 6 (1) (e) or (f) GDPR, including profiling based on those provisions. Under the conditions provided in Art. 21 (2) GDPR you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Right to withdraw consent (Art. 7 (3) DSGVO)
- In addition, you have the right to lodge a complaint to a data protection supervisory authority pursuant to Art. 77 GDPR if you are of the opinion that the processing of your personal data is not lawful. The data protection supervisory authority in Baden-Wurttemberg is the Landesbeauftragte für den Datenschutz und die lnformationsfreiheit, Lautenschlagerstraße 20, 70173 Stuttgart.