BERA TOKEN AIRDROP TERMS AND CONDITIONS

Last updated on February 5, 2025

PLEASE READ THESE AIRDROP TERMS (AS DEFINED BELOW) CAREFULLY. THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE FOUNDATION (AS DEFINED BELOW) AND GOVERN YOUR PARTICIPATION IN THE AIRDROP (AS DEFINED BELOW), INCLUDING WITH RESPECT TO YOUR RECEIPT OF ANY TOKENS IN CONNECTION WITH THE AIRDROP. BY ACCESSING, USING, OR OTHERWISE PARTICIPATING IN THE AIRDROP YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE AIRDROP TERMS IN THEIR ENTIRETY. YOU ARE RESPONSIBLE FOR MAKING YOUR OWN DECISION IN RESPECT OF YOUR PARTICIPATION IN THE AIRDROP AND ANY RECEIPT OF TOKENS. ANY PARTICIPATION IN THE AIRDROP IS SOLELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, FINANCIAL, TAX, AND OTHER ADVICE IN RESPECT OF THE AIRDROP AND ANY RECEIPT OF THE TOKENS PRIOR TO PARTICIPATING IN THE AIRDROP AND PRIOR TO RECEIVING ANY TOKENS.

BY PARTICIPATING IN THE AIRDROP, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS RELATED THERETO, INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT BELOW. IN NO EVENT SHALL THE FOUNDATION OR ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS, LAWYERS, ACCOUNTANTS, SUPPLIERS, LICENSORS, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "FOUNDATION PARTIES") BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES, OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE AIRDROP OR THE RECEIPT OF ANY TOKENS.

THE FOUNDATION DOES NOT TAKE ANY RESPONSIBILITY FOR THE PARTICIPATION BY ANY PARTICIPANT IN THE AIRDROP. THE FOUNDATION DOES NOT PROVIDE ANY LEGAL, TAX, OR OTHER ADVICE OR RECOMMENDATION OR ADVICE IN RESPECT OF THE AIRDROP OR THE TOKENS. EACH PARTICIPANT PARTICIPATES IN THE AIRDROP AT ITS OWN RISK AND RECEIVES TOKENS AT ITS OWN RISK.

1. INTRODUCTION

(a) These Token Airdrop Terms and Conditions ("Airdrop Terms") govern the participation in and receipt of BERA tokens ("Tokens") through the airdrop program ("Airdrop") organized by the Bera Chain Foundation (collectively, the "Foundation", "we", "us" and "our"). By participating in the Airdrop, you ("you", "your" or "Participant") agree to be bound by these Airdrop Terms. These Airdrop Terms are supplemental to, and incorporate by reference, our Terms of Service available at https://www.berachain.com/foundation-terms-of-service ("General Terms"). Capitalized terms used but not defined herein have the meaning set forth in the General Terms. The Airdrop, and your participation in the Airdrop, is a Service as defined under the General Terms.

(b) These Airdrop Terms govern your ability to use our Services to participate in the Airdrop. Please read these Airdrop Terms carefully, as they include important information about your legal rights. Please also read the General Terms carefully. By participating in the Airdrop, you are agreeing to these Airdrop Terms and the General Terms. If you do not understand or agree to these Airdrop Terms and the General Terms, please do not participate in the Airdrop.

(c) THE GENERAL TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE REVIEW SUCH CLAUSES CAREFULLY BECAUSE THEY AFFECT YOUR RIGHTS. BY AGREEING TO THESE AIRDROP TERMS, YOU AGREE TO RESOLVE ALL DISPUTES RELATED TO THE AIRDROP THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH IN THE GENERAL TERMS.

(d) You represent and warrant that all information provided during the Airdrop process is true, accurate, and complete.

(e) You agree that (i) you are solely responsible and liable for all taxes due in connection with your participation in the Airdrop; and (ii) you should consult a tax advisor with respect to the tax treatment of the Tokens received from the Airdrop in your jurisdiction.

(f) You agree that you are responsible for complying with all applicable laws of the jurisdiction in which you reside or in which you are participating in the Airdrop and claiming Tokens thereunder.

(g) You agree that you are not (i) a person or entity who resides in, is a citizen of, is located in, is incorporated in, or have a registered office in the United States or any Prohibited Jurisdiction (as defined below) (any such person or entity being a "Prohibited Person"); (ii) directly or indirectly acting on behalf of a Prohibited Person; or (iii) located in or accessing the Services from a Prohibited Jurisdiction.

(h) You agree that you will not use a virtual private network ("VPN") or similar tool to circumvent any geo-blocking and/or other restrictions that we have implemented in connection with the Airdrop. Any such deliberate circumvention, or attempted circumvention, of our controls may permanently disqualify you from participation in the Airdrop, as determined in our discretion.

(i) You agree and acknowledge that your participation in the Airdrop does not violate any applicable laws, including without limitation applicable economic and trade sanctions and export control laws and regulations, such as those administered and enforced by the European Union, the Office of Financial Sanctions Implementation (OFSI), the Office of Foreign Assets Control (OFAC), the U.S. Department of State, the U.S. Department of Commerce, the UN Security Council and other relevant authorities.

(j) You agree that the Foundation reserves the right to require additional information from you and to enter, use, or share such information into or with a Screening Service Provider (as defined below), and its systems, tools, or functionalities, as the Foundation deems appropriate in its sole discretion, including to reduce the risks of money laundering, terrorist financing, sanctions violations, or other potentially illicit activity, or as otherwise necessary to address laws and regulations that may be relevant to the Airdrop or the Tokens. You agree to provide complete and accurate information in response to any such requests. You agree and acknowledge that the Foundation is not responsible and cannot be held liable for any losses, expenses, or delays resulting from inaccurate or incomplete information, and you agree to assume full responsibility for all risks associated therewith.

(k) You agree that your participation in the Airdrop and claim of Tokens thereunder does not require or involve any form of purchase, payment, or tangible consideration from or to us, nor otherwise require or involve any acceptance of value by us from you. You agree and acknowledge that you (i) lawfully may receive Tokens for free via the Airdrop (other than gas fees or applicable taxes, if any), (ii) were not promised the Tokens or any other digital assets (whether via the Airdrop or otherwise); and (iii) took no action in anticipation of, or in reliance on, receiving the Tokens or any other digital assets, the occurrence of an airdrop, or potential participation in any airdrop.

(l) Your eligibility to receive Tokens under the Airdrop or participate in the Airdrop is subject to our sole discretion. The Airdrop shall be conducted during a specified period, as determined by the Foundation in its sole discretion (the "Airdrop Period"). You must follow the instructions set forth in any Airdrop announcement and/or such other instructions as may be provided by the Foundation from time to time to participate in the Airdrop. The number of Tokens allocated to each Participant will be determined by the Foundation, in its sole discretion, and such allocation may vary among Participants.

(m) You agree and acknowledge that you are not entitled to receive any Tokens under the Airdrop and/or to participate in the Airdrop based on any documentation, commentary, calculators, metrics, and/or points systems published or otherwise made known by third parties monitoring activities on the Berachain Network (the "Protocol") or any of its smart contracts or providing third-party applications or services relating thereto ("Third-Party Publications and Services"). You have no claim to Tokens based on such Third-Party Publications and Services. The Foundation does not review, control, monitor, or confirm the accuracy of information that may be provided through Third-Party Publications or Services. You agree and acknowledge that you have not engaged, and will not engage, in any activities designed to obtain Tokens under the Airdrop, including on the basis of, or in reliance on, Third-Party Publications and Services.

(n) You agree that you are the legal owner of the digital asset, smart contract, or protocol address ("Airdrop Address") that you use to access or participate in the Airdrop and the Services and will not sell, assign, or transfer control of such address or the Tokens to third parties to circumvent any Token lock-up period or to knowingly redistribute Tokens to a person, internet protocol address ("IP Address"), or Airdrop Address that would violate these Airdrop Terms if claimed directly by such person, IP Address, or Airdrop Address.

(o) To participate in the Airdrop, you will need to enter an eligible Airdrop Address and/or connect a compatible third-party digital wallet (either, a "Wallet"). Failure to provide and connect an eligible Wallet may result in the forfeiture of Tokens. There may be technical limitations, delays, and/or transaction fees due or payable to third parties, such as gas fees on Protocol transactions, to receive and/or claim Tokens through your Wallet.

(p) By using a Wallet, you agree that you are using the Wallet in accordance with any terms and conditions of an applicable third-party provider of such Wallet. Wallets are not maintained or supported by, or associated or affiliated with, the Foundation. When you interact with the Airdrop or other Services, you acknowledge and agree that you retain control over your digital assets at all times. We do not control digital assets, including the Tokens, in your Wallet, and we accept no responsibility or liability to you in connection with your use of a Wallet. We make no representations or warranties regarding how the Airdrop or other Services will operate with, or be compatible with, any specific Wallet. The private keys necessary to access and/or transfer the digital assets held in a Wallet are not known or held by the Foundation. Any third party that may gain access to your login credentials, private keys, or third-party cloud or storage mechanisms for such information may be able to misappropriate Tokens and/or other digital assets held by you. The Foundation has no ability to help you access or recover your private key and/or seed phrase for your Wallet. You agree that you are solely responsible for maintaining the confidentiality of your private key, and you are solely responsible for any transaction signed with your private key. The Foundation is not responsible for any loss associated with your private keys, digital wallets, vaults or other storage mechanisms.

(q) You agree that if you are unable to claim Tokens from the Airdrop due to technical bugs, smart contract issues, gas fees, wallet incompatibilities, loss of access to a wallet or the key thereto, or for any other reason, you will have no recourse or claim against the Foundation or any Foundation Party. In any such cases, neither the Foundation nor any Foundation Party will bear any liability.

(r) You agree that claiming Tokens under the Airdrop may require interaction with, reliance on, or an integration with third-party products or services (e.g., a wallet or a network or blockchain) that we do not control. In the event that you are unable to access such products, services, or integrations, or if they fail for any reason, and you are unable to participate in the Airdrop or claim Tokens thereunder as a result, you will have no recourse or claim against us or any Foundation Party and neither we nor any Foundation Party bear any responsibility or liability to you.

(s) You agree that your participation in the Airdrop is at your own risk.

(t) You agree that you have carefully reviewed, read, and understood the Risk Factors below.

(u) Without limiting any terms in the General Terms, you agree that you shall defend, indemnify, and hold the Foundation Parties harmless from and against any and all claims, actions, proceedings, investigations, demands, suits, costs, damages, losses, liabilities and expenses (including legal fees and costs, fines or penalties imposed by any regulatory authority) incurred by the Foundation Parties arising out of, in connection with or related to: (i) your use of, or conduct in connection with, the Airdrop; (ii) your breach or our enforcement of these Airdrop Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party. If you are obligated to indemnify any Foundation Party hereunder, then you agree that the Foundation (or, at its discretion, the applicable Foundation Parties) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Foundation wishes to settle, and if so, on what terms, and you agree to fully cooperate with the Foundation in the defense or settlement of such claim. Your obligations under this indemnification provision will continue even after these Airdrop Terms have expired or been terminated.

2. ELIGIBILITY

(a) The Foundation, in its sole discretion, shall determine the eligibility criteria for participation in the Airdrop, including the number of Tokens to be distributed to eligible Participants that satisfy certain criteria. Different eligible Participants may receive different amounts of Tokens in the Airdrop, depending on the criteria set forth by the Foundation for the Airdrop. The Foundation shall have no obligation to notify actual or potential Airdrop participants of the eligibility criteria for the Airdrop prior to, during, or after the claims are opened for the Airdrop.

(b) The Foundation reserves the sole and absolute right to disqualify any Participant or potential Participant it deems ineligible for the Airdrop (be it under these Airdrop Terms, by having determined that Participant engaged in any conduct that the Foundation considers harmful, unlawful, inappropriate, or unacceptable or for any other reason). Such disqualification may be appropriate if the Foundation determines, in its sole discretion, for example, that Participant may have used multiple addresses to obscure its identity or location or to attempt to game, cheat, or hack the Airdrop, Tokens or the Protocol.

(c) Participant represents and warrants that Participant is at least 18 years of age or is of legal age to form a binding contract under applicable laws and has full legal capacity and authority to bind and agree to the Airdrop Terms. If Participant is acting as an employee or agent of a legal entity and enters into the Airdrop Terms on behalf of such entity, Participant represents and warrants that Participant has all necessary rights and authorizations to do so.

(d) The Foundation has implemented a risk-based program applicable to the Airdrop and any related participation or claims through its website, https://airdrop.berachain.com, and any subdomains (the "Foundation Claims"). This program screens the Foundation Claims using data and tools provided by an independent blockchain analytics provider ("Screening Service Provider") and applies screening criteria that may extend beyond the requirements of applicable law. The Foundation Claims also are subject to geo-location and proxy detection controls to prevent access to our website by users that may be Prohibited Persons or located in a Prohibited Jurisdiction. The Foundation reserves the right to take such additional steps as it deems necessary or appropriate, in its sole discretion, to verify the identity and eligibility of any person.

(e) The Foundation may deny, in its sole discretion, any person, IP Address and/or Airdrop Address, access to the Services or the Airdrop based on data from the Screening Service Provider when such data indicates such person, IP Address, or Airdrop Address may present heightened risks based on the Foundation's risk assessment framework ("Risk Assessment Framework").

(f) By using the Services and participating in any Airdrop:
(i) You agree that your Airdrop Address will be screened and excluded from an Airdrop, at our sole discretion, if we detect threshold transactions between your Airdrop Address and another digital-asset, smart-contract, or protocol address associated with certain risk-exposure categories established by our Screening Service Provider.
(ii) You agree and acknowledge that your IP Address will be screened and excluded from an Airdrop if our geo-location controls detect that you may be located in (A) Antigua and Barbuda, Algeria, Bangladesh, Bolivia, Belarus, Burundi, Bruma (Myanmar), Cote D'Ivoire (Ivory Coast), the regions of Crimea, Donetsk or Luhansk, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Magnitsky, Mali, Morocco, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe or any other country to which the United States, the United Kingdom, Canada or the European Union embargoes goods or imposes similar sanctions; (B) a jurisdiction subject to heightened sanctions risks identified or enforced by certain countries, governments, or international authorities; or (C) a jurisdiction otherwise considered high risk with respect to the Airdrop or otherwise (collectively, "Prohibited Jurisdictions"). You agree and understand that the Prohibited Jurisdictions are subject to change at our sole discretion without notice.
(iii) To avoid circumvention of our geo-location controls, the Foundation has implemented proxy and VPN detection and blocking controls, which are designed to prevent Airdrop claims by any person detected to be using VPN and similar proxy technologies.

3. USER INTERFACE DISCLAIMER

(a) There is only one website for Airdrops, which is the following: https://airdrop.berachain.com.

(b) Use of the website for participation in the Airdrop and claiming Tokens thereunder is at the Participant's sole risk. The Services are provided on an "as is" and "as available" basis. The Foundation expressly disclaims all warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

(c) The Foundation makes no warranty that the Airdrop or the Services will meet your requirements or be uninterrupted, timely, secure, or error-free. The Foundation makes no warranty that the results that may be obtained from access to or the use of Services will be accurate or reliable or that the quality of any products, services, applications, information, or other material purchased or obtained by you through the Services will meet your expectations.

(d) By accessing and using the Airdrop or the Services, you represent and warrant that you (i) understand the risks inherently associated with using cryptographic and blockchain-based systems and (ii) have a working knowledge of the usage, storage, and intricacies of digital assets, such as the Tokens. You further represent that you understand that markets for digital assets are highly volatile due to various factors, including adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase or decrease dramatically at any time. You acknowledge and accept the risk that your digital assets may have no value or lose some or all of their value during the Airdrop Period, any Token lock-up period, or after. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent certain projects, entities, or people, and you acknowledge and accept the risk that you or others may mistakenly seek to claim or trade those or other tokens. You acknowledge that the Foundation is not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience, including losses while accessing or using the Airdrop or the Services. Accordingly, you understand and agree to assume full responsibility for all the risks of accessing and using the Airdrop and the Services.

(e) You expressly understand and agree that the Foundation will not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, or data or other intangible losses (even if the Foundation has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or the inability to use the Airdrop or the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Airdrop or the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) interruption or cessation of function related to our interface or website; (vi) bugs, viruses, trojan horses, or the like that may be transmitted to or through the interface or website; (vii) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the interface or website; or (viii) any other matter relating to the Airdrop or the Services.

4. NO PROFESSIONAL ADVICE AND NO FIDUCIARY DUTIES

(a) All information provided on the website or through the Airdrop or the Services, or otherwise provided by the Foundation, is for informational purposes only and is not and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the website or obtained through the Airdrop or the Services. Before you make any financial, legal, tax, or other decisions with respect to the Airdrop or the Services, you should seek independent, professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

(b) These Airdrop Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Airdrop Terms.

5. SEVERABILITY

If any term, clause, or provision of these Airdrop Terms is held to be illegal, invalid, void, or unenforceable (in whole or in part), then such term, clause, or provision shall be severable from the Airdrop Terms without affecting the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision in the Airdrop Terms, which will otherwise remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to affect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from the Airdrop Terms, but the rest of the Airdrop Terms will remain in full force and effect.

6. ENTIRE AGREEMENT

These Airdrop Terms and the General Terms contain the entire agreement between you and the Foundation regarding the Airdrop and supersede all prior and contemporaneous understandings between the parties regarding the Airdrop. We may modify these Airdrop Terms from time to time in which case we will update the “Last Updated” date at the top of these Airdrop Terms. The updated Airdrop Terms will be effective as of the time of posting, or such later date as may be specified in the updated Airdrop Terms. Your continued access or participation in the Airdrop after the modifications have become effective will be deemed your acceptance of the modified Airdrop Terms.