The Dock – Terms and Conditions of Use
The Dock is a loyalty programme offered by F50 League LLC (“SailGP” / “us”) to eligible participants, in which members may earn non-monetary Reward Points, which can be redeemed against available Rewards.
By activating your SailGP Dock Account on The Dock hub, you agree to these SailGP Dock Terms and Conditions (“Terms and Conditions”), which govern your Membership of The Dock programme.
References in these Terms and Conditions to “you” are to the individual who has activated a SailGP Dock Account for private and non-commercial purposes.
All the provisions of these Terms and Conditions, including all rights granted to you and the obligations of SailGP hereunder, are subject to and limited by Applicable Law and any restrictions contained therein. In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and any Applicable Law, the relevant Applicable Law shall prevail. For the avoidance of any doubt, SailGP shall not be in breach of these Terms and Conditions by virtue of any action which it takes or omits to take as a consequence of Applicable Law.
For further information about The Dock programme, please contact us by email at: firstname.lastname@example.org
2. Duration of Membership
Your SailGP Dock Membership shall commence when you activate your SailGP Dock Account on The Dock hub and shall be valid until such time as your Membership is cancelled or expires in accordance with these Terms and Conditions.
3. Conditions of Membership
You must be over 18 years of age to join The Dock. If you are over 18 but under the age of legal majority in your country, you confirm that you have the permission of a parent or legal guardian to join The Dock. If we learn or have reason to suspect that you are under 18 years of age, we shall be entitled to terminate your access to The Dock and close down your SailGP Dock Account.
You agree that you:
must have a unique valid email address;
must provide accurate and correct contact details and keep such details updated;
may hold a maximum of one SailGP Dock Membership;
may not transfer your SailGP Dock Membership to any other person;
must keep your SailGP Dock Account details secure;
must comply with any terms and conditions and instructions applicable to the earning of Rewards Points and/or the redemption of Reward Points on Rewards, including these Terms and Conditions and the terms and conditions of any Rewards Partners;
may only use Rewards Points to redeem Rewards;
must not sell, assign or transfer Rewards Points or Rewards (or the benefit of such Rewards Points or Rewards) to any other person, including for payment or any other form of valuable consideration;
must not abuse The Dock programme in any way, for example by participating in the programme in a way that SailGP reasonably considers to be dishonest or inconsistent with these Terms and Conditions, or by engaging in offers over and above what SailGP reasonably considers to be ordinary personal use; and
must only use The Dock programme for purposes that are legal, proper and in accordance with these terms and conditions and any Applicable Laws or regulations.
To participate in The Dock programme, you must activate your SailGP Dock Account through The Dock hub and ensure that: (i) you have all necessary equipment, including a device with an internet connection, (ii) you have downloaded any necessary apps onto your device, and (iii) your device meets minimum system requirements, as notified from time to time on the Website.
You are solely responsible for any tax you may incur arising out of earning or redeeming Rewards Points and the use of Rewards.
Directors, officers and employees of SailGP, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of The Dock programme are eligible for membership of The Dock programme which does not allow access to the Reward Points, Qualifying Purchases or Qualifying Activities..
SailGP is not responsible in case you are not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in The Dock programme whatsoever. SailGP is not liable in case a Member injures themself while performing actions with regard to The Dock programme.
The Dock programme operates by automatically tracking your Qualifying Purchases and Qualifying Activities via software embedded in the Website in order to award you with associated Rewards Points, and to administer your redemption of Rewards Points on Rewards. If you do not permit such online tracking software to function on your device or browser, you will not receive the full benefit of your Membership. In particular, you will not receive Reward Points in respect of the Qualifying Purchases and Qualifying Activities you undertake. SailGP shall have no liability in this respect.
SailGP reserves the right to verify the email address provided by you including where required, any consent provided by a parent or legal guardian to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid email address or incorrect data regarding the age or residence of you will be deemed ineligible. You must not sign up as a Member through the use of multiple email accounts or social media accounts. If it becomes apparent that you have used multiple email accounts or social media accounts to circumvent this rule your membership will be terminated with no liability whatsoever to SailGP.
4. The Dock Benefits
All SailGP Dock Members are entitled to earn Rewards Points and to redeem such points on Rewards in accordance with sections 5, 6 and 7 below.
SailGP may change The Dock Member benefits available from time to time. Information about current benefits and the Tier Levels is available on The Dock hub.
5. Earning Rewards Points
SailGP Dock Members may earn Rewards Points during each Season by undertaking Qualifying Activities and/or making Qualifying Purchases, conditional upon compliance with these Terms and Conditions and any additional terms and conditions and/or instructions of SailGP or any Reward Partners as may apply to the Qualifying Activity or Qualifying Purchase from time to time.
When you earn Rewards Points on Qualifying Activities or Qualifying Purchases, your Rewards Points should appear on your SailGP Dock Account within one week of the Qualifying Activity or Qualifying Purchase.
The number of Rewards Points that can be earned from Qualifying Activities and Qualifying Purchases will be determined by SailGP in its sole discretion and may vary having regard to factors such as: the date or value of the Qualifying Activity or Qualifying Purchase, whether the Qualifying Activity or Qualifying Purchase is offered SailGP or a Rewards Partner, and your Tier Level.
Reward Points have no equivalent or representative cash value and will not be converted into or exchanged for cash or credit in any circumstances.
SailGP may vary the Earning Rate of Rewards Points from time to time, acting reasonably.
Not all purchases or activities with SailGP will be Qualifying Activities or Qualifying Purchases, therefore you should check before undertaking a particular purchase or activity to confirm whether you will earn Rewards Points. Information about Qualifying Activities and Qualifying Purchases is available on The Dock hub.
For the avoidance of doubt, you cannot earn Rewards Points on Rewards you have redeemed using Rewards Points.
If you earn Rewards Points on a Qualifying Purchase or Qualifying Activity for which you subsequently obtain either (i) a refund; (ii) a credit, or (iii) an exchange for an item or activity that does not constitute a Qualifying Purchase or Qualifying Activity, the Rewards Points that you earned on the Qualifying Purchase or Qualifying Activity shall be deducted from your SailGP Dock Account once the refund, credit or exchange has been processed by SailGP (as applicable). If there are insufficient Rewards Points in your SailGP Dock Accounts for SailGP to make such a deduction of Rewards Points, SailGP reserves the right to deduct from any future Rewards Points that you earn.
6. Using Rewards Points
You may use your Rewards Points to redeem Rewards, provided that you have sufficient Rewards Points in your SailGP Dock Account for the particular Reward and conditional upon compliance with these Terms and Conditions and any additional terms and conditions and/or instructions of SailGP or a Rewards Partner as may apply to a Reward from time to time.
SailGP may make Rewards available on a first come first served basis and shall have the final decision in all matters relating to the issuing of Rewards.
SailGP will determine the Redemption Rate for each Reward from time to time in its sole discretion. The Redemption Rate for a particular Reward is not related to the cash price or market value (if any) of similar products or services outside of The Dock programme.
SailGP may also make Rewards available by means of a Prize Draw. If you redeem Rewards Points on entering a Prize Draw on The Dock hub: (A) your participation in the prize draw will also be governed by the terms and conditions of that prize draw, as made available on The Dock hub; and (B) if you are unsuccessful in the prize draw, you shall not be entitled to a credit of the Rewards Points that you redeemed to enter the prize draw.
SailGP shall determine the range and quantity of Rewards available from time to time in its sole discretion. Certain Rewards may not be available to Members in some countries, or to Members who are under a certain age, due to local restrictions. Certain Rewards, including participation in Prize Draws, may require you to take further steps prior to being redeemed, such as answering a question or providing further information. Information about Rewards available to you at any one time is available on The Dock hub.
To the extent permitted by law, SailGP reserves the right to replace any or all Rewards with rewards of equal or greater value at any time up to the point of delivery.
Points used to redeem Rewards, including to enter Prize Draws, will be considered “spent” and will be deducted from the total number of Reward Points in your SailGP Dock Account. However, Reward Points used to redeem Rewards will still count towards the total number of points you have accumulated in any Season for the purposes of determining your Tier Level, until the end of the Season in which they are earned.
At the end of each Season SailGP may at its entire discretion offer the opportunity for you to use any unused Reward Points to enter a Grand Prize Draw. If you choose to enter the Grand Prize Draw, the number of redeemable Reward Points in your SailGP Dock Account will return to zero. If you choose not to or are ineligible to enter the Grand Prize Draw, the number of redeemable Reward Points in your SailGP Dock Account will return to zero. In the event that SailGP chooses not to run a Grand Prize Draw, the number of redeemable Reward Points in all SailGP Dock Accounts will return to zero. Your Tier Level attained at the end of a Season will be fixed for the next Season.
By redeeming a Reward you confirm that you are eligible and able to receive it. No replacement Reward or credit of any sort will be granted in the event that you are ineligible or unable to accept any Reward.
Where a Reward involves your attendance at a certain event or place, or online event, unless otherwise stated you will be responsible for making suitable travel, transport and accommodation and connection arrangements and paying for any related expenses. No replacement Reward or credit of any sort will be granted in the event that you do not attend or are delayed in attending any event Reward you have redeemed.
7. Tier Levels
Your total Reward Points earned will also be accumulated to increase your Tier Level, as described on The Dock hub. Your Tier Level may impact the Earning Rate and the range of Rewards available to you.
At the end of each Season your Tier Level will be fixed for the next Season.
8. NEAR Foundation
SailGP and the NEAR Foundation, the leading carbon-neutral, community-driven blockchain development platform, are working together in a multi-year groundbreaking partnership. The NEAR and SailGP partnership will provide an opportunity to educate millions of fans on-site and across SailGP platforms globally on the potential of web3, including NFTs.
To engage with the NFTs available on The Dock, you must create a NEAR account. To create a NEAR account follow the prompt shown on The Dock hub.
All NEAR accounts created though The Dock are Custodial Accounts. SailGP (in conjunction with Oracle) will store and manage your NEAR account private keys for Custodial Accounts in a safe and secure manner.
The Dock offers you the functionality to convert your Custodial Account into a Non-Custodial Account. If you do so, there is a transfer responsibility of your account private keys from SailGP to you. Once you take ownership of your NEAR account private keys through this conversion, you will have full responsibility for the security and safekeeping of your Non-Custodial Account. SailGP will not be able to retrieve your private keys in the event you lose the private keys to your Non-Custodial Account. You will also be responsible for any associated blockchain transaction costs.
Members of The Dock can only create and link one NEAR account at a time. It is not possible for your SailGP Dock Membership to connect to multiple NEAR accounts.
SailGP, in partnership with NEAR, can only support accounts created on the NEAR blockchain. Third party web3 accounts will not be supported.
You can both earn NFTs and exchange Reward Points for NFTs on The Dock. No financial purchase is necessary. You may earn NFTs by accumulating Reward Points on The Dock hub. The NFTs available to be earned will differ depending on which Tier Level you are. These NFTs are made available to you when certain criteria are met, e.g., the Pro Tier NFT will become available once you’ve accumulated enough points to progress from the Rookie Tier into the Pro Tier. In order to exchange Reward Points for NFTs you must ensure you have enough points in your balance to make the purchase. Select to NFT you wish to redeem and follow the steps on screen. The NFT will be minted and dropped straight into your NEAR wallet and appear under the ‘Collectibles’ tab. When you agree to exchange Rewards Points for an NFT at a Redemption Rate, the points will be considered “spent” and will be deducted from the total number of Reward Points in your SailGP Dock Account. Different types of NFTs may be made available to be earned or exchanged and SailGP reserves the right to modify the types and numbers of NFTs available at our discretion at any time.
There is no right of return or refund of Reward Points for NFTs.
If NFTs are earned or exchanged, NFTs will be delivered to your NEAR account following the transaction taking place.
When you earn or redeem Reward Points in exchange for an NFT and it is delivered to your NEAR account you own the NFT (subject to the remainder of this paragraph). That means that if you have a Non-Custodial Account, you have the licensed right to swap your NFT, sell it or give it away. You acknowledge and agree that SailGP (or, as applicable, its licensors) owns all legal right, title and interest in and to the Creative Content, and all intellectual property rights therein. You acknowledge and agree that the Licensed NFTs are made available solely for entertainment purposes. Without limiting the foregoing and subject to your continued compliance with this Agreement, SailGP grants you a worldwide, non-exclusive, non-transferable, royalty-free license to display the Creative Content for your Licensed NFTs, solely for: (i) your own personal, non-commercial use; (ii) on NEAR or any other marketplace that permits you to transact with your Licensed NFTs, provided the marketplace cryptographically verifies each NFT owner’s rights to display the Creative Content for their Licensed NFT to ensure that only the actual owner can display the Creative Content; and (iii) in any way specifically set out in any terms associated with the particular NFT that you purchase or otherwise acquire as indicated in the NFT description and/or metadata.
It is important that you understand that SailGP are granting you a limited non-exclusive licence to display the Creative Content on the terms set out herein and are not granting to you any other rights nor transferring any aspect of ownership of any SailGP intellectual property. All of SailGP’s rights not expressly set out herein are fully reserved. Without limitation, you acknowledge that SailGP may reuse or repurpose the Creative Content or any aspect thereof at its sole discretion.
You agree that you may not, nor permit any third party to do or attempt to do any of the following without express prior written consent from SailGP in each case: (i) modify or adapt the Licensed NFT or Creative Content in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Licensed NFT or Creative Content to advertise, market, or sell any product or service; (iii) incorporate the Licensed NFT or Creative Content or any element thereof into any other work; (iv) use the Licensed NFT or Creative Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, harassment, ‘trolling’, discrimination in any form, is defamatory, or otherwise could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (v) use the Licensed NFT or Creative Content in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (vi) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Licensed NFT or Creative Content; (vii) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Licensed NFT or Creative Content; (viii) use the Licensed NFT or Creative Content to create a false or misleading association between SailGP and you or any third party; and (vii) otherwise utilize the Creative Content for your or any third party’s commercial benefit.
The licence granted in section 9.4 applies only to the extent that you continue to own the Licensed NFT. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Licensed NFT for any reason, the licence granted in section 9.4 will immediately expire with respect to that NFT without the requirement of notice, and you will have no further rights in or to the Creative Content for that NFT. The restrictions in section 9.4 will survive the expiration or termination of these terms.
Some NFTs may include a benefit in the form of a right to receive services or a physical item to which the NFT relates. In such instances, once the right has been redeemed, the NFT may remain in circulation, but the redemption right will be irrevocably terminated. Similarly, some NFTs may include a ‘utility’ right, for example a right to participate in exclusive competitions. Any such utility right is made available at the discretion of SailGP and may be withdrawn at any time. All rights to which this section 9.8 refers are subject to any terms, conditions or other rules made available to you at the point of sale and/or published by SailGP from time to time on The Dock website. Furthermore, unless otherwise stated, all rights to which this section 9.8 applies shall be withdrawn if the partnership between SailGP and NEAR Foundation comes to an end.
Please note that the following terms also apply to any NFT you purchase, acquire, or hold that includes any additional benefits and/or utilities: (a) unless expressly stated otherwise by SailGP, you must bear any cost of activating and/or using any benefits and/or utilities relating to any NFT. This may include any travel, accommodation and/or visas which you require in order to use the benefit or utility right attaching to an NFT; (b) attendance at any SailGP event will be subject to any guidelines and/or instructions communicated by SailGP, and you agree to comply with the same; (c) SailGP will determine the date, time and location on which any benefits and/or utilities of an NFT shall be made available and/or provided. Such dates, times and/or locations may be subject to change (for example, due to a change in fixture scheduling); (d) some NFTs will provide benefits and/or utilities which are subject to additional terms and conditions communicated by SailGP in future, such as eligibility to enter competitions, and your use of any NFT is subject to compliance with these terms and conditions; (e) if you breach of any of these terms or other guidelines communicated by SailGP in a material manner, SailGP and/or the Seller may withdraw access certain benefits and/or utilities attaching to an NFT; and (f) SailGP or the Seller may substitute any benefits and/or utilities attaching to an NFT with alternative benefits and/or utilities which they consider to be at least equivalent commercial value.
You are solely responsible to pay any and all taxes, duties, and assessments levied on you now or later claimed or imposed by any governmental authority associated with your use of The Dock, and the acquisition, holding, or subsequent transfer for value of an NFT, and you will not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these terms.
The licensed rights granted to you hereunder shall automatically terminate and all rights shall return to SailGP if: (i) at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Licensed NFT for any reason except as specially provided in section 9.4 of these Terms and Conditions; (ii) you breach any of the Agreement and conditions; (iii) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy; (iv) you engage in any unlawful business practice related to the Licensed NFT; (v) you initiate any legal actions, except an arbitration as specifically provided herein, against any SailGP and/or and any of its parent, subsidiary and affiliate companies, or its officers, directors, members, affiliates, agents, attorneys and employees; (vi) you disparage any of the SailGP Parties or any parties related to any of them; or (vii) you close your SailGP Dock Account and only have a Custodial Account, or you close your Custodial Account.
Where you do swap your NFT, sell it or give it away this shall be at your own risk and SailGP shall not be responsible for providing any onward utility for any Licensed NFTs.
SailGP may, at its discretion, add royalties to NFTs made available through The Dock which would be applicable on the sale of the NFTs. The royalties would be paid to SailGP as a percentage of the total sale price of the NFT.
10. Content you provide to SailGP
Qualifying Actives may require you to submit information, material or content (including video content) (“Content”) to SailGP via the Website or via our social media channels. You are under no obligation to do so and where you choose to do so you acknowledge and agree to the terms in this section 9. Content may contain you, (or another's) voice, image, photograph, statements, biographical information, performances, name and likeness and other user-generated content.
You warrant that your Content does not: contain material that violates or infringes another’s rights or reflects a political statement, including but not limited to privacy, publicity or intellectual property rights; contain brand names or trademarks, other than those of SailGP, which you have a limited licence to use for the sole purpose of the Qualifying Activity; contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use; contain material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous and obtain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Content is created. In the event the Qualifying Activity is run via one or more third party platform(s), you warrant and represent that your entry does not infringe the terms of the third party platform(s).
As consideration for your participation in The Dock and the opportunity for you to redeem Rewards, you will assign to SailGP all rights as set forth in the applicable law and to Content to the broadest extent possible and shall execute all public or private instruments that might be requested for this purpose, as a condition to participate in the Promotion and shall execute the public and/or private instruments requested in this regard, which is an essential condition to participate in The Dock. To the extent that rights are not assignable, you grant to SailGP a worldwide, unlimited, exclusive, royalty-free, transferable licence to use the Content for the purposes of this Promotion, including but not limited to the display on any and all SailGP and its affiliates’ websites, including social media websites. SailGP does not guarantee any confidentiality with respect to Content. Subject to any licence, you grant herein, any and all Content that you upload, store, transmit, submit, exchange or make available to the website is generated, owned and controlled solely by you, and not by SailGP. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your Content, and SailGP does not accept any responsibility for the same. You expressly acknowledge that you and any person who appears in the Entry Materials have the right to decline use of the Content for marketing material.
You represent and warrant that all necessary rights, permissions, consents and moral rights’ waivers (in the broadest extent permitted by applicable laws) have been duly and effectively obtained from any performer, presenter, contributor or other person involved in the Content or rights, services or facilities in connection with it.
To the extent permitted by applicable law, Members may be requested to take part in promotional activity and SailGP reserves the right to use the names and addresses of Members, their photographs and audio and/or visual recordings of them in any promotional material to the extent each Member agrees. SailGP will seek the consent of the Member, where required. You expressly acknowledge that you and any person who appears in the Content have the right to decline use of the Content for marketing material.
11. SailGP’s Rights
SailGP reserves the right in its absolute discretion to:
accept or decline any application for SailGP Dock Membership;
limit the number of Rewards Points that can be earned and/or redeemed on Rewards;
determine and vary the range, number and type of Qualifying Activities, Qualifying Purchases, Rewards and Rewards Partners from time to time;
determine and vary the Earning Rate for Qualifying Activities and Qualifying Purchases from time to time;
determine and vary the Redemption Rate for Rewards from time to time;
determine and vary the function of the Tier Levels, as well as the number of Reward Points you may be required to accumulate to achieve a higher Tier Level, from time to time;
limit, withdraw, cancel, change, or suspend any of the Qualifying Activities, Qualifying Purchases and/or Rewards that it offers or advertises from time to time, including but not limited to where this is due events beyond its reasonable control;
remove or cancel any Rewards Points awarded to you if it determines or reasonably suspects that the Rewards Points were awarded in breach of these Terms and Conditions or in error;
suspend or cancel your SailGP Dock Membership (and all associated benefits) in accordance with clause 12 below;
run The Dock programme alongside any other Team loyalty programmes from time to time;
suspend or cancel The Dock programme at any time, acting reasonably and giving reasonable notice to you where it is possible to do so, including suspending or cancelling it in certain territories only where we reasonably believe that the loyalty program may contravene any Applicable Laws; and
assign or otherwise transfer its rights and obligations under these Terms and Conditions to another SailGP Group Company, provided that such assignment or transfer shall not adversely affect your enjoyment of the rights granted to you under these Terms and Conditions.
12. Exclusion of Liability
Nothing in these Terms and Condition excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
To the maximum extent permitted by Applicable Law, SailGP’s total liability to you shall be limited to $100.
Except as otherwise set out in these Terms and Conditions, and to the fullest extent permitted by Applicable Law, SailGP shall not have any responsibility or liability to you in respect of: (i) any failure to carry out, or any delay in carrying out, any matter in respect of your SailGP Dock Membership, caused by any circumstances outside SailGP’s reasonable control; (ii) any unauthorised use of your SailGP Dock Account by you or a third party; (iii) the exercise of any discretion by SailGP as a consequence of any restrictions required by Applicable Law; (iv) any products and/or services provided by any third party, including a Rewards Partner, in connection with The Dock programme, including but not limited to the delivery, standard, quality or otherwise of any Rewards and/or the failure of such a third party to make a specific Reward available; (v) any indirect, special or consequential loss or damage, or any loss of profit or revenue, loss of use or enjoyment, loss of business or contracts, loss of data, or loss of opportunity, whether in contract, tort or otherwise; (vi) any decision by SailGP to amend these Terms and Conditions or to cancel, suspend or restrict The Dock programme; (vii) the use of a Custodial Account or Non-Custodial Account, including but not limited to any losses, damages or claims arising from your error (such as forgotten passwords or lost keys or incorrect redemption of Reward Points); and/or (viii) loss due to server failure or data loss.
NFTs are intangible digital assets that only exist by virtue of the ownership record maintained in NFT smart contracts. SailGP makes no guarantees or promises in respect to the operation of the smart contracts.
SailGP is not responsible for losses due to failures of the NEAR technology, network, any NEAR account or any other operational aspect of NEAR, including but not limited to late or no disclosure by developers or representatives of any issues with NEAR.
SailGP will not be responsible or liable to you for any losses you may incur by transacting, transferring, or facilitating transactions relating to NFTs outside The Dock. Any transfer, purchase, acquisition or sale of an NFT you make, accept, or facilitate outside The Dock will be entirely at your own risk. We do not assume any responsibility for transactions relating to NFTs other than transactions made between us and you via The Dock, subject to these Terms and Conditions.
The prices of collectible digital assets created using blockchain technology and networks are extremely volatile and subjective, and such digital assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFTs earned, redeemed or otherwise acquired will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the blockchain ecosystem may materially impact the value and desirability of any particular NFT.
You are solely responsible for determining what, if any, income, capital gains, inheritance, or other taxes that may be charged by a competent tax authority in relation to your NFT-related transactions.
The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the blockchain ecosystem, and therefore the potential utility or value of your NFTs. We are not responsible for the impact that any future regulations or laws may have on the ownership, transfer, or display of NFTs or other blockchain assets.
13. Privacy and Data Protection
SailGP will process personal data about you where this is in our legitimate interests and/or to administer your SailGP Dock Membership. This processing will include automatically tracking your Qualifying Purchases and Qualifying Activities via software embedded in the Website in order to award you with associated Rewards Points, and to administer your redemption of Rewards Points on Rewards. If you do not permit such online tracking software to function on your device or browser, you will not receive the full benefit of your Membership. In particular, you will not receive Reward Points in respect of the Qualifying Purchases and Qualifying Activities you undertake. SailGP shall have no liability in this respect and is under no obligation to allocate or replace any Reward Points you miss out on.
14. Suspension, cancellation or expiry of your Membership
Your SailGP Dock Membership shall continue from the date you sign up until the terminated in accordance with these Terms and Conditions.
You may cancel your SailGP Dock Membership by using the “Delete Account” option within the settings tab. This opens up an email which notifies SailGP that the account must be deleted.
SailGP reserves the right in its absolute discretion to suspend or cancel your SailGP Dock Membership (and all associated benefits) without notice if SailGP determines or reasonably suspects that you have: (A) acted in breach of these Terms and Conditions or any specific terms and conditions applicable to any specific terms and conditions applicable to a prize draw, Qualifying Purchase, Qualifying Activity and/or Reward; (B) engaged in or been involved in any ambush marketing; (C) engaged in or been convicted of a sporting-related criminal offence; or (D) engaged in any abusive, harmful, dangerous or other unacceptable behaviour whether in-person or online (such as on a social media platform), without incurring any liability to you for any loss, expense or damage you may suffer as a result of any actions taken by SailGP pursuant to this clause.
15. Fees and charges
Your SailGP Dock Membership is free of charge.
If you have any questions or comments in respect of your SailGP Dock Membership you can contact SailGP by email at: email@example.com
To contact you, SailGP will use the latest contact details that you have supplied to SailGP. Therefore, it is your responsibility to ensure that SailGP has your up-to-date contact details, including e-mail address.
SailGP reserves the right to change these Terms and Conditions from time to time and shall notify you of such changes if they materially affect your rights as a consumer. Any such changes will be notified to you through the Website, The Dock hub, and/or via the contact details you have supplied SailGP.
The invalidity or partial invalidity of any provision of these Terms and Conditions shall not prejudice or affect the remainder of these Terms and Conditions, which shall continue in full force and effect.
If you are a consumer, you have legal rights in relation to goods that are not fit for purpose and services that are not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms and Conditions will affect these legal rights.
If you are a consumer: (A) please note that these Terms and Conditions are governed by English law. This means that your Membership and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by English law and will be governed by the jurisdiction of the courts of England and Wales.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect
SailGP’s failure to exercise, or delay in exercising, any right, power or remedy provided by these Terms and Conditions, the documents referenced herein or by law shall not constitute a waiver of that right, power or remedy.
In these Terms and Conditions, the following words and phrases shall have the following meanings:
“Applicable Law” means all laws, statutes, regulations, edicts, bye-laws, codes of conduct and guidelines, whether local, national, international or otherwise existing to which SailGP and/or you is subject and which are relevant to SailGP’s and/or your rights or obligations under these Terms and Conditions (as the case may be).
“Creative Content” the designs, art, graphics, images, logos, intellectual property, drawings and other creative works of SailGP, any SailGP team, SailGP athlete, SailGP affiliate and/or SailGP licensee that may be associated with an NFT.
“Custodial Account” means an account with NEAR whereby SailGP (in conjunction with Oracle) are the custodians of the account and hold the private keys in the Oracle Key Vault. Web3 activity with a Custodial Account is only possible through The Dock.
“Digital Asset” means any asset that only exists in digital form and comes with a distinct usage right, or distinct permission for use e.g., a Non-Fungible Token (NFT).
“Earning Rate” means the number of Rewards Points that you can earn from undertaking a Qualifying Purchase or a Qualifying Activity, as published and updated on The Dock hub from time to time.
“Grand Prize Draw” means a Prize Draw that takes place at the end of a Season at SailGP’s entire discretion, which will be subject to its own separate terms and conditions, which may include entry restrictions based on age, geography or other factors.
“Member” means a member of The Dock Programme, and “SailGP Dock Membership” shall be construed accordingly.
“NFT” means a unique, blockchain-traded, non-fungible token which may also be referred to as “Rewards” or “Digital Collectibles”.
“Non-Custodial Account” means an account with NEAR whereby you remain the custodian and the account is your responsibility. If you lose your private keys you will lose access to your Non-Custodial Account permanently including all associated digital assets. With a Non-Custodial Account, you will gain access to the wider NEAR ecosystem, any activity on the blockchain is entirely at your risk and you are liable for any transaction fees (GAS fees).
“Licensed NFT” means an NFT which you acquire through The Dock as set out in section 9.
“Prize Draw” means a competition in which the recipients of the available rewards are selected by random selection, or based on a skilled question. Each Prize Draw shall be subject to its own separate terms and conditions, which may include restrictions on eligibility to enter and which will be available on The Dock hub along with other relevant information and entry details.
“Qualifying Activity” means an activity run by SailGP or a Rewards Partner where participation in such activity qualifies you to earn Rewards Points. Information about Qualifying Activities is published on The Dock hub and may be updated from time to time.
“Qualifying Purchase” means a purchase of goods and/or services from either SailGP or a Rewards Partner where such purchase qualifies you to earn Rewards Points. Information about Qualifying Purchases is published on The Dock hub and may be updated from time to time.
“SailGP Dock Account” means your individual account, accessible via The Dock hub, containing information about your SailGP Dock Membership, including your Rewards Points balance.
“SailGP Dock hub” means a secure section of the Website and/or the official SailGP App where you can access your SailGP Dock Account, earn Rewards Points, redeem your Rewards Points on Rewards, and access information about your SailGP Dock account.
“SailGP Group Company” means, in respect of SailGP, its holding companies and subsidiaries of its holding companies, and “holding company” and “subsidiary” have the meanings given to them in section 1159 of the UK Companies Act 2006 and “SailGP Group Companies” shall be construed accordingly.
“Redemption Rate” means the number of Rewards Points required for you to redeem a particular Reward from time to time, as notified and updated on The Dock hub from time to time.
“Reward” means any benefit, including good or service, that SailGP or a Rewards Partner may offer you in return for you redeeming a specified number of Rewards Points, subject to these Terms and Conditions and the Terms and Conditions of any Rewards Partner.
“Rewards Partner” means a commercial partner of SailGP that offers you Qualifying Activities and/or Rewards. A list of Rewards Partners can be found on The Dock Club hub.
“Rewards Points” means the points that you earn by making Qualifying Purchases and/or undertaking Qualifying Activities, and that SailGP subsequently deducts from your SailGP Dock Account when you redeem a Reward or when your Membership is cancelled or expires in accordance with these Terms and Conditions.
“Season” means the period over the course of one or more calendar years (determined at the absolute discretion of SailGP) during which events for the same applicable season are held in such format as may be determined by SailGP to determine a SailGP series winning team for that season.
“Tier Level” means your membership level determined by the number of Rewards Points you have accumulated and not used to redeem Rewards, as further described in section 7 and on The Dock hub.
“Website” means SailGP’s official website, currently located at https://sailgp.com/