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CYTAKA’S EVENT TERMS AND CONDITIONS

GLOBUS RESEARCH AND DEVELOPMENT LTD. D/B/A CYTAKA (COLLECTIVELY, “CYTAKA” OR THE “COMPANY” OR “WE”) WELCOMES YOU (“COMPETITOR” OR “YOU”) TO ITS EVENT (THE “EVENT”) WHICH IS ORGANIZED BY THE COMPANY.

THE FOLLOWING OFFICIAL RULES (THE "OFFICIAL RULES") GOVERN YOUR PARTICIPATION IN THE EVENT.

BY REGISTERING TO BE A COMPETITOR OR JUDGE AND/OR ENTERING AND/OR PARTICIPATING IN THE EVENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING OFFICIAL RULES AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR PARTICIPATION IN THE EVENT. THESE OFFICIAL RULES WILL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THE EVENT. IF YOU DO NOT AGREE TO ANY OF THE OFFICIAL RULES, PLEASE INFORM US IMMEDIATELY AND DO NOT PARTICIPATE IN THE EVENT.
 

  1. ELIGIBILITY:

    1. The Event is open solely to registered users of the CyTaka mobile application, who: (a) received an official written invitation by CyTaka to attend the Event on the Event Date; (b) are present, in person, at the Event Location on the Event Date; (c) hold a valid passport or ID card; (d) have sufficient knowledge and skills in the field of cybersecurity; (e) fully accept these Official Rules; and (f) are over the age of eighteen (18) on the Event Date.

    2. Invitations to participate in the Event are personal and are issued at CyTaka’s sole discretion. For the avoidance of doubt, such invitation may not be transferred to any other person other than the named recipient thereof. CyTaka may revoke any invitation to participate in the Event, at any time and at its sole discretion. Furthermore, CyTaka may cancel the Event, for any reason and at its sole discretion, at any time until the commencement of the Event, even if any Competitor has traveled to the Event Location. CyTaka shall not be liable to any Competitor and/or any other person or third party for any damages, of any kind, whether direct or indirect, and/or for any liabilities and/or costs which they may have incurred in connection with the Event, as a result of such cancellation of the Event, and you hereby disclaim and waive any right to claim and damages, liabilities, costs or other compensation as a result thereof.

    3. CyTaka’s successors, assigns, agents, representatives, officers, directors, shareholders and employees and any individual involved in the development, production, implementation, judging or fulfillment of the Event (including, without limitation, their immediate family members and/or persons living in the same household of such individuals) and any advertising and promotion agencies engaged by CyTaka (including their immediate family members and/or persons living in the same household of such individuals) are not eligible to participate in the Event as a Competitor.

    4. Without derogating from the foregoing, in order to qualify and enter the Event, the Competitor must be an individual who can form a legally binding contract under any applicable law (unless authorized by CyTaka and subject to parental consent to these Official Rules). The Competitor hereby represent and warrant that he/she: (a) has all right, power and authority to enter into these Official Rules; (b) is not subject to any law or policy (such as the corporate policy of an employer, academic institute or governmental agency) which prohibits him/her from taking part in the Event or collecting the Prize (as defined below); (c) is not employed by any governmental agency and is not a member of any armed forces (in such case you must notify and receive CyTaka’s approval before entering the Event); (d) is entering into the Event in good faith and on his/her own behalf, without any malicious intent, and that it is not operating on behalf of any third party. It is the Competitor’s responsibility to ensure that he/she are legally eligible to enter and take part in the Event and collect the Prize (as defined below) under any laws applicable to the Competitor in his/her jurisdiction of residence or otherwise.

    5. The Competitor is solely responsible for holding a valid passport and obtaining all visas and other permits necessary for entering the territory in which the Event is held, for independently obtaining proper travel insurance and for arranging all accommodation and travel necessary in order to attend the Event. Expect to the extent approved by CyTaka in advance and in writing, the Competitor shall bear all costs associated with the foregoing.
       

  2. EVENT DESCRIPTION:

    1. The Event is based on skill and knowledge in the field of cybersecurity, and is generally comprised of solving challenges, puzzles, games and questions in the field of cybersecurity. The Event may be conducted by digital means, orally or by any other means determined by CyTaka, at its sole discretion.

    2. Competitors are prohibited from (i) using as part of the Event any external information or assistance from third parties, except those specifically designated by CyTaka during the Event; (ii) exploiting bugs in any software used to conduct the Event, or otherwise violate the spirit of the Event; (iii) attempting to harm CyTaka or other Competitors or otherwise creating an unfair advantage over other Competitors; and/or (iv) violating of any law, regulation or third-party right. CyTaka has the right, upon its sole discretion, to disinvite, disqualify or remove any Competitor from the Event, to revoke any Prize or declaration of a Winner (as defined below), or otherwise impose sanctions on Competitors, for any justifiable reason, including if CyTaka suspects or believes that the Competitor’s actions are unlawful, in breach of these Official Rules or by any unfair behavior accord.

 

  1. JUDGES AND JUDGING:

    1. The Event shall be judged by judges appointed by CyTaka, at its discretion (each a “Judge”). In addition, CyTaka may appoint tournament staff to assist with the management of the Event and to ensure the proper conduct of the Event.

    2. Each Judge shall be subject to the provisions of these Official Rules and hereby represents and warrants that he/she: (a) is independent, non-biased and impartial with regards to his/her part in the Event; (b) is not a family member, household partner, acquaintance or in any way, directly or indirectly, familiar with or associated with, any Competitors; (c) disclosed to CyTaka all information which may reasonably affect his/her ability to judge the Event; (d) shall not receive any remuneration, benefit, consideration or any other award in connection with the Event, except as explicitly permitted by CyTaka; (e) has no criminal convictions; (f) will perform his/her duties hereunder faithfully, and in confident, careful, courteous and consistent manner, in accordance with these Official Rules and in a manner that reflects favorably on CyTaka.
       

  2. WINNING SELECTION:

    1. CyTaka will decide, at its sole discretion, which of the Competitors shall be awarded with Prizes and which Prizes (for the avoidance of doubt, CyTaka may divide any Prize between Competitors, as its discretion). The Prizes and Winners will be announced at the end of the Event or within a reasonable time thereafter (and in such case the Winners will be publicly announced). Each Competitor who is declared by CyTaka as eligible for a Prize shall hereinafter be referred to as a “Winner”. If CyTaka decides that a competitor is not eligible for a Prize, then such Competitor shall not receive any compensation, award, prize or other remuneration for their participation in the Event and hereby waive any right to receive such Prize.

    2. CyTaka reserves the right, at its sole discretion, to disqualify and select a new Winner from the remaining Competitors, in the event that such Winner: (i) is unreachable or is not present during the Winner announcements; (ii) fails to provide CyTaka with satisfactory proof of age, identity and/or eligibility, or otherwise fails to complete the Winner verification process, as detailed below; (iii) declines acceptance of the Prize; (iv) operates on behalf of a third party; (v) appears on any international sanction list (worldwide); (vi) compromised the Event, or has bribed any CyTaka employee, Judge or anyone involved in the organization of the Event;  (vii) has not complied with these Official Rules; and/or (viii) obtained Winner status by collusion, or by unlawful, illegal, improper or fraudulent means and/or by cheating, deception, other unfair practices and/or annoyance, abuse, threats or harassment of any other Competitor, Judge or CyTaka, in each case (i)-(viii) as determined by CyTaka at its sole discretion.

 

 

 

  1. PRIZE:

    1. Cytaka may pay any award in installments and may, but is not obligated to, advance the payment of any fees due to the Winner, in whole or in part, at its sole discretion. Cytaka may condition receipt on the prize on certain services to be provided to it by the Winner, as set forth in the prize agreement which will be executed between CyTaka and the Winner.

    2. The Prize is personal and unexchangeable, and the Winner may not transfer or assign his/her right to receive the Prize. For the avoidance of doubt, Prizes shall only be transferred, remitted and paid to the Winner and not to any other person. All Prizes are provided on an "AS-IS" basis and their distribution, their nature or quality will not inflict any liability on CyTaka. The Prize represents the final sum (including tax withholdings) to be paid to the Winner of the Event, and no other funds or other prizes, consideration or remuneration shall be paid beyond those Prizes specified herein.

    3. CyTaka may require any information and documents that it considers reasonably necessary to verify the Winner’s identity and that the Official Rules have not been breached and to ensure full compliance with applicable law. The Prize may be annulled, revoked and forfeited unless and until CyTaka is fully satisfied with the verification of the Winner’s identify, and his/her full compliance with these Official Rules. Without derogating from the generality of the foregoing, the following forms of verification documents will be required: (a) valid Photo ID (Passport, National ID, birth certificate); (b) proof of a valid credit card and bank account under the Winner’s name; and (c) proof of address (e.g., utility bill, credit card bill or bank statement).  Under certain circumstances, including if required under applicable law, additional documentation may be required, such as confirmation of deposits, a bank reference or notarized ID. CyTaka may require original copies of all documents. All documents must be in acceptable condition (as decided by CyTaka in its discretion) and be readable. The provision of all required documents and assistance to CyTaka will be at the Winner’s own cost. Winners must fully cooperate with CyTaka and provide all necessary information to complete the verification process. CyTaka may engage third party service providers for the purpose of conducting the verification process and paying any Prizes to Winners and may collect information from publicly available source for conducting the verification process, and the Winner hereby agrees with such practices.

    4. The Winner will sign and execute a Prize Agreement (and which terms are incorporated herein by reference) and any other form reasonably required by CyTaka as a pre-condition for receiving the Prize, including a waiver of claims towards CyTaka, a personal indemnification obligation and a declaration that it is legal for the Winner to receive the Prize in the Winner’s jurisdiction of residence. If for a period of 180 days following CyTaka’s request for verification documentation, CyTaka has not received such documents from the Winner, or if the Winner cannot be contacted, then the Prize will be void and forfeited.

    5. The Winner shall be exclusively responsible for reporting his/her earnings to the relevant authorities in his/her country of origin/residence, for payment of all taxes and duties which apply to the Prize in his/her country of origin/residence and for complying with all applicable laws in connection with receiving the Prize. CyTaka may withhold taxes, levies and duties, where it is required to do so under applicable law, and the Winner hereby releases CyTaka from any claims relating to such withholding. The Winner is solely responsible for any costs and expenses associated with Prize acceptance and use (including without limitation, any commissions and/or taxes that may be due on the Prize or its transfer). The Winner shall fully indemnify CyTaka for any and all tax related claims and for all charges, fees and commissions that CyTaka may incur in connection with remitting the Prize to the Winner.  No payment shall be made to corporate entities or corporate bank accounts. It may take up to 60 days to conduct the necessary verification process and to process the information and documents and remit/transfer the Prize to the Winner.

    6. The Winner represents and warrants that he/she: (a) has read and agreed to these Official Rules and evaluated the laws, regulations and directives relating to his/her receipt of the Prize and that such will not violate any applicable law, regulation or directive; (b) will not bribe any CyTaka employee or official, or any Judge, and will not engage in any activities of that kind; (c) participation in the Event and claiming the Prize is not made in the context of any unlawful activities, including money laundering or similar transaction; and (d) any bank account to which any Prize is remitted is registered under the Winner’s name as written in the ID presented to CyTaka.

    7. The Prize and any decision of CyTaka with respect thereto is final, and no correspondence or discussion will be entered into. CyTaka shall not be responsible or liable for failure of the Winner to receive the Prize (including as a result of the Winner’s failure to provide the necessary documents and information and/or to complete the verification process) or the Winner’s use thereof or reliance upon the Prize.

    8. CyTaka has no responsibility for the Winner's inability to accept or utilize his/her Prize and is not, in any manner, liable for, and disclaims, any warranty, representation or guarantee, express or implied, related to the Prize. Lost or stolen Prizes will not be replaced. The Competitor agrees and acknowledges that the Prize constitutes the sole and entire compensation regarding the participation in the Event. The Competitor agrees and acknowledges that this compensation constitutes sufficient compensation for any purpose under any jurisdiction. The inclusion of a product as a Prize does not imply any association with or endorsement of such product by CyTaka. Judges are not eligible for any Prize or compensation of any kind for their attendance, participation and/or judging in the Event, and hereby disclaim any right to remuneration, reimbursement or compensation from CyTaka for their judging/participation in the Event.

 

  1. TRAVEL AND EXPENSES:

 

CyTaka may, but is not obligated to, arrange and provide for Competitors’ travel and accommodation in the context of the Event, in whole or in part, and may provide for travel and accommodation to some or all of the Competitors, all at its sole discretion. CyTaka is not responsible for and does not make any representation with respect to any goods and services supplied by third parties (for example: tours, activities, trips, meals, flights and accommodation) and/or for any damage the Competitor may incur as a result of such goods and/or services, including as a result of accidents, illnesses, damage to luggage and/or any direct or indirect damage that may be caused to you during the trip, including damages due to an accident, violence, robbery, theft, loss of luggage or documents, flight tickets, passport, hospitalization, medical expenses and any other damage.

 

  1. PUBLICITY:

    1. CyTaka may videotape, photograph, or otherwise record the Event and the Competitor/Judge agrees to take part in such videos and photographs or other recordings. Each Judge and Competitor hereby acknowledges and consents that CyTaka may use and reproduce his/her name, likeness and/or image (including photos, videos and audio) without compensation and in any medium (including, without limitation, in print, via television, via the internet, advertisements, via social media, via email or in any other media now known or hereafter devised) for advertising, marketing and promotional purposes worldwide, in perpetuity, without compensation or an obligation to pay royalties or provide any credit, or further notification or permission of any kind. Each Judge and Competitor each acknowledges and agrees that their name, likeness and/or image may be publicly displayed in connection with CyTaka’s operations and/or the Event. CyTaka has and shall have the irrevocable, worldwide, perpetual and unrestricted right and permission to such materials, photos, videos and audio, which include the Judge/Competitor’s name and/or image, in whole or in part, in single or composite form, without restriction as to changes or alterations, in conjunction with or without the Judge and/or Competitor’s name, in color or otherwise, made and distributed through any means and platform, in any and all media now or hereafter known. Each Judge and Competitor hereby releases, discharges, and agrees to indemnify and hold harmless CyTaka and its licensees and assigns, from any and all liability relating to the use or publication of his/her name, likeness and/or image (including photos, videos and audio), including but not limited to any claims for violation of any right of publicity or privacy, defamation, or copyright.

    2. Each Judge and Competitor agrees to participate, prior, during and after the Event, in marketing and promotional activities of CyTaka, as reasonably requested by CyTaka, including without limitation participation in photo-ops and press conferences, posting social media posts, giving press interviews, taking part in CyTaka advertisements, etc. Each Judge and Competitor shall participate in such activities in a manner that reflects favorably on CyTaka and the Event.
       

  2. PRIVACY POLICY AND DIRECT MARKETING:

In order to participate in the Event (as a Judge or Competitor) or in the event you are chosen as a Winner, the Competitor/Judge may be required to provide certain personal information to CyTaka, including without limitation full contact details. Each Judge or Competitor must read and hereby agrees to our Privacy Policy at: https://cytaka.com/privacy-policy which will apply mutatis mutandis. In addition, each Judge or Competitor agrees that CyTaka may use the contact details provided to us for business purposes, including the purpose of informing the Judge and/or Competitor regarding updates to our products and services which and to send other marketing materials.  
 

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION:

The participation in the Event (as a Judge or Competitor) is solely at your own risk. In no event will CyTaka be liable for any loss or damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, or for personal injury, resulting from or arising out of your participation in the Event and/or receiving the Prize. CyTaka will not be liable for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incomplete, inaccurate or delayed electronic communications, which may limit the ability to participate in the Event or by any human error that may occur in the processing of the entries in the Event. Without derogating from the generality of the foregoing, please note that the Event takes place in a venue which is operated by a third party, and CyTaka disclaims all representation, express or implied, which relate to such venue and its operator, and you hereby waive any claim against CyTaka and its representatives resulting from any act or omission (including negligence) of the venue’s operator (or on their behalf) and any claim relating to your travel to the Event or your accommodation for the Event, even if such were arranged or paid for by CyTaka. You hereby waive any claim you may have against CyTaka, its officers, directors, affiliates or employees, in this regard. CyTaka reserves the right, at its sole discretion and without notice, if legally permissible, to cancel, terminate, modify or suspend these Official Rules. Any changes to the Event will be notified to Judges and Competitors as soon as possible by CyTaka via notification on the Website. You agree to indemnify, defend and hold harmless CyTaka including its successors, assigns, agents, representations, officers, directors and employees from and against any and all damages, costs (including, without limitation, reasonable attorneys’ fees), expenses, liabilities and claims, including third party claims and causes of actions, in any way arising by reason of or relating to (i) any breach or alleged breach by you of any warranty, representation or any other provision in these Official Rules; and/or (ii) your participation in this Event, or acceptance, possession, use, misuse or nonuse of the Prize that may be awarded to you, including without limitation actual, direct, indirect, punitive, consequential, special or other damages.

  

  1. GENERAL:

CyTaka’s marks and logos and all other proprietary identifiers used by CyTaka in connection with the Event are all trademarks and/or trade names of CyTaka, whether or not registered. These Official Rules do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim or dispute relating to the Event will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles. Any dispute arising out of or related to your participation in the Event will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel Aviv District, Israel. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Official Rules and will not affect the validity and enforceability of any remaining provision and the parties agree to substitute for such unlawful, void or unenforceable provision a lawful, valid or enforceable provision which most closely approximates the intent and effect of the unlawful, void or unenforceable provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Official Rules without CyTaka’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Official Rules supersede all prior or contemporaneous written or oral agreements or understandings between you and CyTaka.
 

  1. CONTACT INFORMATION:

 If you have any questions (or comments) concerning these Official Rules, you are welcome to send us an email at: info@cytaka.com and we will make an effort to reply within a reasonable timeframe.


 

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