Campaign By-Laws – Swish AI LTD

1.             General
1.1.         The manager of the campaign is Swish AI LTD.
1.2.         The purpose of the campaign is to promote the campaign manager.
1.3.         The division into sections, the section titles and the reference in the singular language are for convenience only and will not be used for interpretation purposes.
2.             Definitions
“Campaign Manager” means, SWISH AI LTD
“Campaign Period” means, a period beginning on 15.12.2021 and ending on 31.12.2021
“Participant” means, a person who is at least 18 years old and who elects to participate in the campaign according to these By-Laws.
“Website” means, the website of the company, the address of which is www.swish.ai
“Campaign” means, a campaign created by the Campaign Manager in which the Participant will receive a gift, as defined below, if such participant provides the campaign manager with certain details (as detailed below) during the campaign period.
“Wish” means, a wish submitted by a qualified Participant. If chosen by the Campaign Manager, the Wish will be redeemable for six months following the Campaign Period.  Otherwise, the Wish will not be applicable and it will not bind the Campaign Manager.

3.             Participant Statements
The Participant agrees, confirms and declares as follows:

3.1.         S/he is over 18 years old.
3.2.         S/he has read the Campaign By-Laws and accepts their contents, without any reservation or exception, and agrees that these By-Laws shall apply to and obligate her/him and shall be binding, for all intents and purposes, even if s/he has chosen to participate in the Campaign without having read the By-Laws.
3.3.         It is hereby clear and agreed upon that her/his participation in the Campaign constitutes her/his consent to the publication of her/his name, and that the Manager of the Campaign will be entitled to make any use of her/his details, including in connection with the publication and promotion of the Campaign Manager.
4.             How to Participate in the Campaign
4.1.         The Participant who requests to participate in the Campaign will be required, as a condition of its participation in the Campaign, to fill in her/his personal details on the Website, including full name, link to her/his LinkedIn page, mobile phone number and e-mail account, at the discretion of the Campaign Manager (hereinafter: the “Data”).
4.2.         It is hereby clarified that the Campaign Manager will be entitled to demand from the Participant any document and/or certificate, in its sole discretion, in order to complete the engagement, and among other things, but not only, in accordance with the Campaign Manager’s procedures.
The Participant undertakes to provide only reliable, correct and accurate details. If the Participant breaches this obligation, it is clarified, for the avoidance of any doubt, that the Campaign Manager will be entitled, without derogating from any legal right it has against the Participant for this violation, to cancel the engagement with the Participant.
4.3.         The gift will be redeemed via a link that the Campaign Manager will send to the Participant directly to the e-mail account that the Participant provided as stated in section 4.1 above.
4.4.         Each qualified Participant will have the opportunity to submit to the Campaign Manager one wish (a “Wish”). Such wish can be anything which the Participant desires (i.e. meeting the Prime Minister to a shopping spree at its favorite store).
4.5.         The Campaign Manager has full discretion to fulfill one Participant’s Wish, if such Wish falls under the Campaign Manager’s criteria.
4.6.         The Campaign Manager has the authority to decide that it will not fulfill a particular Wish at all. The Participant shall have no claim in connection with the Campaign Manager’s decision.
5.             Clarifications
5.1.         It is hereby clarified that the conditions for the execution of the Wish by the Campaign Manager will be in accordance with what is decided by the Campaign Manager in its sole discretion.
5.2.         There is not, and there will not be, a possibility of returning and/or exchanging and /or converting the Wish and/or no surplus and/or any monetary credit will be given for the Wish.
5.3.         Participation in the Campaign, in all its stages, including receipt and acceptance of the Wish, is the sole responsibility of the Participant. The Campaign Manager will not be responsible for any damage caused to the Participant, insofar as it is caused, of any kind and type, in respect of her/his participation in the Campaign. The Campaign Manager will not be responsible for any claim by a Participant if such Participant has not been able to realize the Wish. The Participant hereby waives, irrevocably, any claim and/or demand and/or claim against the Campaign Manager, which is related, directly and/or indirectly, to the Campaign and/or its management and/or its results.
5.4.         It is hereby clarified that the realization of the Wish will be made by the Participant, and at her/his sole risk, through the link he/she will receive in accordance with the instructions set out in Section 4 above. The Campaign Manager and /or anyone acting on its behalf will not be responsible for the quality and nature of the Wish and/or for any loss and /or expense and/or damage caused to the Participant, of any kind and type, insofar as they are caused, directly and/or indirectly, relating to the Campaign. The Participant will not have, and s/he hereby waives, irrevocably, any claim and/or due related, directly and/or indirectly, to the Wish and/or its realization and/or its consequences.
5.5.         Without derogating from the generality of the above, the Campaign Manager will not be liable for any bodily injury and/or property injury caused to the Participant, insofar as they are caused, of any kind and type, directly and/or indirectly, as a result of the realization of the Wish or as a result of the Wish, or in connection with the Campaign, directly and/or indirectly, whether they are expected or not. The Participant will not have, and hereby waives, irrevocably, any claim and/or claim related, directly and/or indirectly, to the Campaign and or its management and/or its results, towards the Manager of the Campaign, and the Participant will not be compensated in any way in such cases.
5.6.         Upon participation in the Campaign and/or realization of the Wish as described above, the Participant will be considered as having all the facts and circumstances known and clear to her/him, and s/he declares that s/he checked all the details necessary for her/his participation in the Campaign, and that s/he did not rely on any presentation by the Campaign Manager. No claim will be received from the Participant that s/he did not know any detail or did not take into account any factor when requesting to participate in the Campaign.
5.7.         By entering the Participant’s information on the Site, the Participant expresses her/his consent to the conditions appearing in the privacy policy on the site of the Campaign Manager, including her/his consent to the collection and processing of her/his personal information. To the extent that the Participant does not agree to any of the conditions set out in these By-Laws, in all its sections, the Participant is obligated, immediately and without delay, to refrain from participating in the Campaign.
5.8.         As a condition for participating in the Campaign, each Participant is required to fill in the Data, as stated in Section 4.1 above, for the purpose of control and contact by a representative of the Campaign Manager.
In addition, the Participant will have the option (optional) to confirm receipt of advertising materials from time to time by the Campaign Manager and/or on its behalf.
It is clarified that any error, ambiguity or inaccuracy in the Data provided by the Participant may, inter alia, prevent her/him from participating in the Campaign, at the sole discretion of the Campaign Manager, and without the Participant having any claim and/or demand and/or claim in this regard. The Participant is therefore required to make sure, at its sole risk, that the Data provided by it is accurate and clear.
Upon submission of the Data, the Participant confirms that sh/e has read in depth the provisions of these By-Laws and s/he accepts them. It is clarified, in this context, as follows: (a) Although the delivery of the Data to the Campaign Manager is a condition for participation in the Campaign, the Participant does not have any legal obligation to provide this Data to the Campaign Manager; (b) the Participant is aware, and agrees, that if s/he has agreed to the possibility of receiving advertising materials as stated above, the Campaign Manager may use the Data for its business needs, as well as transfer them to related corporations, including parent companies and affiliates; and that (c) the Campaign Manager will be entitled to transfer the Data outside the borders of the State of Israel.
5.9.         To the extent that the Participant approves receipt of advertising materials from the Campaign Manager and/or anyone on its behalf as stated above, the Participant hereby authorizes the Campaign Manager and anyone on its behalf (including related corporations) to contact her/him with marketing and/or advertising offers, of any kind and type, including (but not limited to) by way of offering vouchers for the purchase of products or services and/or by sending periodic information leaflets (hereinafter: “Inquirers”), all subject to and in accordance with the provisions of the law and in accordance with the privacy policy. It is hereby clarified that the Participant reserves the right, insofar as s/he is not interested in receiving such Inquiries from the Campaign Manager in the future, to request the removal of his/her name from the Campaign Manager’s mailing list (whether if it is by checking a rubric that is for emails or registered post).
6.             Miscellaneous
6.1.         The Campaign Manager reserves the right to add, detract from, change and cancel, without limitation, and at its sole discretion, the provisions of the By-Laws in relation to the Campaign, including in relation to the Wishes, as well as the right but not the obligation to offer an alternative Wish and/or monetary voucher and/or type of voucher at its sole discretion.
6.2.         The Campaign Manager reserves the right to act in accordance with the terms of these By-Laws and/or to derogate and/or change their terms from time to time and/or to terminate the Campaign at any time, without restriction, all at its sole and exclusive discretion and subject to any law. Any change in the By-Laws will be published as part of the publication of the Campaign; it is clarified that the aforesaid notice will serve as a sufficient and appropriate notice and the Participant waives any claim regarding the cessation of the Campaign and/or the change in the terms of the aforesaid By-Laws.
6.3.         In the event that the Campaign Manager decides to extend the Campaign Period (hereinafter: the “Additional Campaign Period”), the provisions of these By-Laws will continue to apply to the Additional Campaign Period, unless otherwise determined by the Campaign Manager as part of the publication of an update to the By-Laws.
6.4.         For the avoidance of doubt, it is clarified that the Campaign  Manager will not be bound in any case by statements, explanations, presentations and oral interpretations of the Campaign Manager’s representatives and/or anyone else on their behalf, nor by those included across the Website, apps, press, marketing leaflets and/or in any other means of publication or illustration, but only in accordance with what is expressly stated in these By-Laws.
6.5.         Without derogating from the above, the Participant declares and confirms that any malfunction and/or disruption and/or delay arising from an event beyond the control of the Campaign Manager will not be considered a violation of the provisions of these By-Laws and will not receive any remedy and/or right and/or consolation.
6.6.         The Participant may not change the terms of the Campaign, add to them or derogate from them.
6.7.         The provisions of these By-Laws exhaust all the conditions of the Campaign. Nothing in any other document, including the various publications and/or what is stated on websites, insofar as there are any, shall derogate from what is stated in these By-Laws. In any case of conflict and/or inconsistency between the provisions of these By-Laws and any other publication of the Campaign, the provisions of these By-Laws alone shall prevail.
6.8.         It is clarified that any tax liability due to the receipt of the Wish, if and to the extent, will apply to the Participant only.