TELEGRAM GIVEAWAY RULES

1. SCOPE OF APPLICATION

These Telegram Giveaway Rules ("Rules") apply to the giveaways organized by X-FLOW LTD, 8 Genethliou Mitella, 3036, Limassol, Cyprus (“Company” or “we”) within its Telegram Channel @happycolor_official (“Happy Color Channel”) using Telegram Giveaways Tool (“Giveaway(s)”).

2. NO PURCHASE NECESSARY

Participation in the Giveaways is free of charge, i.e. it does not require you to purchase anything. Making purchases of any of the Company’s services will not increase your chances of winning.

3. ELIGIBILITY

To be the participant of the Giveaways you should be a subscriber to Happy Color Channel. We are free to determine which subscribers shall become the participants of the Giveaways: all the subscribers, only the new subscribers, only subscribers from particular territories, or some other limited group of subscribers we determine at our sole discretion.

4. GIVEAWAY PROCESS

a) As a subscriber to Happy Color Channel, you are automatically enrolled in the Giveaways participation.

b) Once the Company organises a new Giveaway, you will see an announcement post in Happy Color Channel, stating all the details of the particular Giveaway (e.g. participants enrolled, prizes, their number, the winners select date).

c) On the winners select date Telegram will randomly select via its official giveaway tool the lucky winners and make a public announcement about this in Happy Color Channel.

d) The winners will receive the gift links using which they will be able to activate the subscriptions to Telegram Premium.

e) If the Giveaway announces some prizes in addition to Telegram Premium subscriptions, we will contact you within the nearest time to deliver those additional prizes, to instruct you how to receive them, and/or to get additional info about you to deliver them.

We reserve the right to cancel, modify, or suspend the Giveaway due to technical failure, fraud, or other unforeseen issues.

Odds of winning depend on the number of Giveaway participants.

5. PRIZES

Details of prizes, including their quantity, are provided in the Giveaway announcement post.

The main prizes under the Giveaways are Telegram Premium subscriptions, however the Company may provide additional prizes on its initiative.

The price of prizes varies depending on many factors: e.g. the price of Telegram Premium subscription is as per Telegram current fees (and fully depends upon the number and length of subscription and the current discounts).

If there is any restriction to receive a prize in the country of a winner, an alternate prize of comparable value may be provided.

All prizes are non-transferable, non-exchangeable, non-refundable, and may not be redeemed for cash. A prize may not be upgraded and no substitutions by the winner will be allowed, except that the Company reserves the right to substitute a prize for one of comparable or greater value if the designated prize is unavailable for any reason. The Company will not be responsible for any portion of a prize that may not be available due to any event beyond the Company’s control.

With regard to Telegram Premium subscriptions, gift certificates, event tickets or other prizes not being goods, winners confirm their understanding that provision of such prizes is subject to the applicable terms and rules of the relevant service providers. The Company’s responsibility is limited solely to purchasing such prizes and, when applicable, providing the tickets, certificates or other comparable documents to the winners, all further use of prizes is administered directly by the relevant service providers and is not under control of the Company.

With regard to prizes being goods, winners confirm their understanding that such prizes will be awarded “as is” with no warranty or guarantee, either express or implied, outside of manufacturer’s limited warranty, if any, and consist of only the item specifically listed. Warranties regarding prizes (if any) are subject to the manufacturer’s terms, and winners agree to look solely to such manufacturer for any such warranty.

Unless otherwise required by applicable law, all federal, state, local, and other tax liabilities (including personal income taxes), custom duties and any other costs and expenses associated with prize acceptance and use are the sole responsibility of the winner. Winners are not entitled to compensation of any taxes, duties or costs they incurred to participate in the Giveaway or as the result of prize awarding.

6. PERSONAL DATA

As all the Giveaways are administered via Telegram, Telegram shall process Your personal data (e.g. the account name, the territory your account is registered in) for administration of the Giveaways, winners selection and notification, and prizes delivery. To learn more about processing of your data by Telegram you may read Telegram Privacy Policy.

If the only prizes under the Giveaway are Telegram Premium subscriptions, the Company will not process your personal data at all, all the processing shall take place solely on behalf of Telegram. If there are other prizes under the Giveaway (except for Telegram Premium subscriptions), we shall process your data in accordance with our Supplemental Privacy Notice for Promotions.

7. PROHIBITIONS

You are prohibited to deliberately damage or undermine the legitimate operation of the Giveaways, in particular to use mechanical, robotic or fraudulent means to interfere with the result of the Giveaways. Any such attempt may result in disqualification.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, neither the Company, nor any of its officers, directors, employees, agents, or representatives (collectively “Released Parties” ) are responsible for claims, injuries, death, losses, or damages of any kind resulting from participation or inability to participate in the Giveaways, or the awarding, acceptance, use, misuse, possession, loss, or misdirection of a prize.

To the maximum extent permitted by applicable law, the Released Parties are not responsible for (i) any typographical or other errors in the Giveaways and winners announcement posts, (ii) human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, (iii) communications line or hardware and/or software failures, or (iv) damage to any computer (software or hardware) resulting from participation in the Giveaways. You understand and confirm that any such circumstances may cause delay of or changes to the Giveaway, including prize delivery dates.

To the extent permitted by applicable law: (a) any and all disputes, claims and causes of action arising out of or connected with the Giveaway, or any prize awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred by you in connection with the Giveaway (if any), which are not to exceed five dollars ($5.00), but in no event will attorneys’ fees be awarded or recoverable; (c) you hereby knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket costs incurred by you in connection with the Giveaway, which are not to exceed five dollars ($5.00); and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief.

9. COMPLAINTS

If you encounter any problem with the Telegram Premium subscription you won as the result of a Giveaway, please contact Telegram directly, as it is Telegram who is generating the links and issuing the subscriptions.

Any other complaints regarding the operation of the Giveaways or any other related matter, shall be addressed either by messaging to Happy Color Channel or by mailing to the following address: [email protected].

10. GOVERNING LAW & DISPUTES

These Rules shall be governed by and construed in accordance with the laws of the Republic of Cyprus. Any disputes arising out of these Rules or Giveaways shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.

11. RULES BINDING CHARACTER

These Rules are binding for all the participants of the Giveaways. By using the gift links for Telegram Premium subscriptions or other prizes you additionally confirm your acceptance of these Rules. If you do not agree with these Rules, do not use the gift links or other prizes provided as the result of Giveaways.

12. NO ENDORSEMENT

The Giveaways are not in any way sponsored, endorsed, or associated with Telegram or any other service providers administering or issuing the prizes (or prize manufacturers).

13. SEVERABILITY

If any provision of these Rules is invalid under the law, rules, or regulations of a particular country, it will only apply to the extent permitted.