Spark Airdrop Terms and Conditions

These Spark Airdrop Terms and Conditions (“Terms”) govern your participation in Spark’s airdrop of the SPK token (“Airdrop”). The Airdrop is offered and administered solely by SPK Company Ltd. (hereinafter, “we,” “us,” or “our”). By participating in the Airdrop, you agree to these Terms. If you do not agree, you may not participate. These Terms apply in addition to any other rules, policies, procedures and/or other terms and conditions that may apply from time to time with respect to the Tokens.

Rules and Eligibility

The Airdrop is being offered in multiple phases. More information about each phase may be found at https://docs.spark.fi/airdrop, including eligibility criteria, rules of participation, claiming deadlines, and an explanation of how airdrop amounts are being calculated.

In addition to any eligibility requirements for a particular phase of the Airdrop, to be eligible, you must be at least 18 years of age and not an individual or entity subject to national or international sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Kingdom, the United Nations, the European Union or its Member States, the United States, or other applicable government authority.

You may be disqualified from participation in the Airdrop without notice to you if we determine, in our sole discretion, that you have violated these Terms. In addition, we reserve the right to disqualify any participant, wallet address, or transaction that is, in our sole discretion, associated with: suspicious activity; illegal or prohibited conduct; a jurisdiction or individual subject to sanctions or other restrictions; or any wallet address or transaction identified as high risk by blockchain analytics providers. We may rely on third-party data, internal investigations, or any other information available to us in making such determinations, and our decisions shall be final and binding.

No Purchase Necessary

Participation in the Airdrop is free. No payment or purchase is necessary.

Claiming

Eligible participants may be able to claim SPK tokens (“Tokens”) based on criteria defined by us. You acknowledge and agree that our determination of your airdrop amount, if any, shall be final and you agree not to contest such determination. You acknowledge and agree that we have no obligation to provide you with any information explaining how we calculated your airdrop amount, if any.

Access to claim the Airdrop requires a stable internet connection, a non-custodial wallet, and sufficient ETH to cover network fees on Ethereum mainnet. Participants are solely responsible for meeting these technical requirements and bearing any associated costs.

Representations and Warranties

By participating in the Airdrop, you represent and warrant that:

You are at least 18 years old;
You are not an individual or entity subject to national or international sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Kingdom, the United Nations, the European Union or its Member States, the United States, or other applicable government authority;
You are solely responsible for determining what, if any, taxes apply to your receipt, holding, or transfer of the Tokens and for reporting and paying such taxes in accordance with the laws of your jurisdiction;
You are not relying on any representation or warranty, express or implied, not set forth in these Terms, and you have conducted your own due diligence in evaluating participation in the Airdrop;
You are solely responsible for the security and management of your wallet and private keys;
You will not use bots, engage in any Sybil attacks, or engage in any fraudulent or unfair conduct in connection with the Airdrop;
Your participation in the Airdrop shall not constitute or involve the violation of any applicable laws;
You possess sufficient knowledge and experience in financial and blockchain matters to evaluate the merits and risks of claiming and holding Tokens, and you have conducted your own independent investigation and analysis of the Tokens;
You have not relied on any representation or warranty made by us or any of our affiliates or representatives other than as expressly set forth in these Terms; and
You voluntarily and freely accept the risks associated with the use of blockchain technology in connection with the Airdrop, including without limitation smart contract vulnerabilities, transaction delays, and irreversible loss of funds.

Limitation of Liability

WE SHALL NOT BE LIABLE TO YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL LOSSES OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST RECORDS OR DATA, LOST SAVINGS, LOSS OF USE OF FACILITY OR EQUIPMENT, LOSS BY REASON OF FACILITY SHUT-DOWN OR NON-OPERATIONS OF INCREASED EXPENSE OF OPERATIONS, OR OTHER COSTS, CHARGES, PENALTIES, OR LIQUIDATED DAMAGES, REGARDLESS OF WHETHER ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS COULD HAVE BEEN REASONABLY FORESEEN. OUR LIABILITY FOR DAMAGES HEREUNDER, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED US$100.

Indemnification

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR VIOLATION OF THESE TERMS.

Third Party Rights

Notwithstanding the absence of statutory provisions in the British Virgin Islands permitting third-party enforcement of contract terms, the parties to these Terms expressly agree that any person (or class of persons) identified in these Terms as being entitled to an indemnity or limitation or exclusion of liability (each a “Beneficiary”) shall have the right to enforce the relevant provisions of these Terms as if they were a party to it. The parties to these Terms may rescind, vary, or terminate these Terms (including any term conferring a benefit on any Beneficiary) without the consent of any Beneficiary, provided that such rescission, variation, or termination does not affect any accrued rights of a Beneficiary as at the date of such change.

Disclaimers

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that you will receive any Tokens, that the Tokens will have any monetary value, or that the Tokens will be listed on any exchange or usable in any application.

Governing Law; Arbitration

These Terms and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with them or their subject matter or formation (a “Dispute”) shall be governed by and construed in accordance with the laws of the British Virgin Islands.

Any Dispute shall be referred to and finally resolved by arbitration under the BVI IAC Arbitration Rules (the “Rules”), which Rules are deemed to be incorporated by reference into these Terms. The tribunal shall consist of a sole arbitrator appointed in accordance with the Rules. The seat and place of arbitration shall be Road Town, Tortola, British Virgin Islands. The language of the arbitration shall be English.

The award of the tribunal shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. Judgment on the award may be entered in any such court. Each party irrevocably waives any right it may have to object to the venue or to claim that the proceedings have been brought in an inconvenient forum.

Markets In Crypto-Assets Regulation (MiCA) Information

Please see spark.fi/mica for Spark’s crypto-asset white paper and other relevant information.

Modifications

We may update these Terms at any time without notice. Continued participation after such changes constitutes acceptance.