1. GENERAL PROVISIONS
1.1. These Rules of conducting «My House» action (hereinafter referred to as the Rules) are developed in accordance with the Civil Code of the Republic of Uzbekistan and determine terms of conducting «My House» action (hereinafter referred to as the Action), procedure for determining its participants and implementation of other actions specified herein.
1.2 The Action is not a lottery or any other game based on risk.
1.3 Participation in the Action is optional.
1.4 The Organizer of the action is «MINERVA WORLD OF KNOWLEDGE» LLC, a legal entity incorporated in accordance with the laws of the Republic of Uzbekistan, and registered at: 8, Mehrjon Street, Tashkent city, Mirabad district. The Organizer is the developer of «Minerva City» complex being constructed at the address: Tashkent city, Yangihayot district, Uzgarysh settlement, Alisher Navoi massif (hereinafter — «Minerva City» Complex).
1.5. These Rules shall be published on the official website of the Organizer https://minervacity. uz/. Any changes and additions to these Rules may be made by the Organizer unilaterally without prior and other notice to others.
2. TERMS OF THE ACTION. POTENTIAL PARTICIPANTS AND PARTICIPANTS OF THE ACTION
2.1 Action period: from October 17, 2021 till December 16, 2021 inclusive (hereinafter referred to as «Action period»).
2.2 Any adult and legally capable individual or legal entity entitled to perform the actions set forth in these Rules and required to acquire the status of a Participant in the Action (hereinafter referred to as the «Potential Participant») may participate in the Action.
2.3 Potential participants may acquire the status of «Participant of the Action» subject to their fulfillment of the conditions of participation in the Action as set forth in Section 3 of these Rules.
2.4 Performing all actions specified in clause 3.1 of these Rules implies full consent of Potential Participants and/or Participants of the Action to these Rules.
3. CONDITIONS OF PARTICIPATION IN THE ACTION
3.1 To become a Participant of the Action a Potential Participant must be in the list of the first 25 (twenty-five) persons (hereinafter Quota) who have performed all of the following actions during the Action Period:
3.1.1 to get a preliminary consultation about the conditions of the action and participation in the construction of «Minerva City» by calling the short number of the sales office of the Organizer: 1145;
3.1.2 to visit the Organizer’s sales department, located at ______________, in order to receive comprehensive information about the conditions of the action and the participation in the construction of Minerva City, including request information about the availability of places under the Quota not occupied by that time;
3.1.3 choose the object of construction in the complex «Minerva City» — three (3) room apartment (total area of 87,9 sq. m., or 104,9 sq. m., or 114,9 sq. m.) (hereinafter — the Object), in equity construction of which the Potential participant has the willingness and opportunity to participate. When selecting the Object the Potential Participant must take into account that in accordance with paragraphs. 4.10 — 4.11 of these Rules the structure of prizes for Participants of the Action changes depending on the area of the chosen 3-room apartment;
3.1.4 study in detail the submitted draft agreement of equity participation in construction of the selected construction object. In case of full, unconditional and absolute agreement with all conditions of the submitted draft agreement of equity participation in construction — to conclude it by signing and/or performing other actions specified in the equity participation in construction agreement itself (hereinafter — the equity participation in construction agreement);
3.1.5 during the Action Period, pay in full the total amount of the prepayment under the relevant Equity Participation in Construction Agreement concluded with the Organizer;
3.1.6 notify in writing the employees of the sales office of the Organizer of the successful completion of the actions specified in paragraphs. 3.1.1 — 3.1.5 of these Rules and about their intention to exercise the right of the Participant of the action, specified in section 4 of these Rules.
3.1.7 not to commit a violation of other conditions of the Equity Participation in Construction Agreement signed with the Organizer.
3.2 In order to become a «Participant», a Potential Participant must:
3.2.1. duly fulfil all conditions specified in Clause 3.1 of these Rules;
3.2.2. to act within the Quota, i. e. to be in the list of the first 25 (twenty-five) persons who have duly fulfilled all conditions specified in Clause 3.1 of these Rules.
3.3 Upon proper fulfillment of all conditions, the Potential Participant automatically acquires the status of «Participant of the Action».
3.4 The list of the first 25 (twenty-five) persons who have duly fulfilled all the conditions specified in clause 3.1 of the present Rules is compiled by the Organizer’s sales department based on the written communications received from the respective persons in accordance with clause 3.1.6 of the present Rules.
3.5 In cases where several Potential Participants take necessary actions on the same day, the person who made the payment in accordance with clause 3.1.5 of these Rules earlier (up to minutes and seconds) than the other Potential Participants shall have priority. The timing of the payment is confirmed on the basis of the delivery of document confirming the payment to the sales department of the Organizer. The Organizer’s sales department organizes the record keeping of the Participants of the action.
3.6 In case any of the actions set forth in p. 3.1. of these Rules is not performed, the Potential Participant shall be deemed as not having fulfilled the conditions of the Action and, accordingly, shall not acquire the status of «Participant of the Action». In particular, persons having concluded an equity participation agreement before the Period of the Action or any other object not specified in clause 3.1.3 of these Rules, may not acquire the status of «Participant of the Action».
3.7 Compliance with all conditions of the Potential Participants shall be monitored by authorized employees of the Organizer’s sales department.
4. RIGHTS OF ACTION PARTICIPANTS. PROCEDURE FOR OBTAINING PRIZES
4.1 The persons who have fulfilled all the conditions specified in clause 3.1 of these rules, acquire the status of «Participant of the action» and are entitled to receive corresponding prizes from the Organizer, specified in clauses. 4.10- 4.11 of these rules, on the basis of the certificate of «Participant of the action» (hereinafter — Certificate).
4.2. The Certificate confirms the right of a Participant of the action to receive corresponding prizes within the time frame set forth in clauses 4.4. — 4.5 of these Rules. The Certificate is issued by the sales department of the Organizer, specified in p.3.1.2. of these rules, at the first request of persons who have received such status in the order specified in p.3.2. of these rules.
4.3 The use of the Certificate under these Rules is to be understood as its presentation to the Organizer in order to receive the relevant prizes specified in these Rules.
4.4 Participant of the Action has the right to receive / request the corresponding prizes only after the complete occurrence of the following events:
4.4.1. full completion of construction of the Object;
4.4.2. acceptance of the completed facility;
4.4.3. execution of a notarized sale and purchase agreement for the Object;
4.4.4. state registration of the agreement with the cadastral authorities.
4.5 Subject to the provisions of Clause 4.4 hereof, Certificate can be used within 3 (three) calendar months from the signing of a notarized contract of sale of the Object and its state registration with the cadastral authorities (hereinafter — Certificate validity period). Any Certificate not presented to the Organizer within the Certificate validity period, in order to obtain the corresponding prizes, is deemed invalid and cannot be used in the future. Any application / action for obtaining prizes after the expiry of the Certificate validity period is subject to denial.
4.6 Certificate may be used only once in respect of the object specified in the corresponding Certificate by (1) a party to the Equity Participation in Construction Agreement and specified in the Certificate itself as a Participant in the Action, (2) its attorney acting under a power of attorney issued in accordance with legal requirements, or (3) its heir / assignee. Assignment of the right of claim under the Certificate issued by the Organizer is not allowed.
4.7 The Certificate shall normally state:
4.7.1. unique number of the Certificate. When issuing a duplicate Certificate, the duplicate number is stamped new in a sequence and must not repeat the numbers of the original Certificate;
4.7.2. date of issue of the Certificate;
4.7.3. first name, last name and patronymic of an individual or name of a legal entity — Participant of the Action;
4.7.4. details of the Equity Participation in Construction Agreement under which the Participant of the Action has performed actions required to get the status of «Participant of the Action»;
4.7.5. information on the Object — lot, floor, three-room (3) apartment with indication of its area;
4.7.6. information about the prizes to be transferred on the basis of the Certificate;
4.7.6. information on payment of the prepayment amount in the amount, manner and terms stipulated by the relevant Equity Participation in Construction Agreement;
4.7.7. indication of the Certificate validity period;
4.7.8. a reminder of the restrictions specified in clauses 4.4 — 4.5 of these Regulations;
4.7.9. the signature of a responsible employee of the Organizer authorized to issue such Certificate, and the stamp of the Organizer.
When using the Certificate, a person submits a passport or other document proving his/her identity. If this person is the head of an organization — participant of the action, attorney or heir / legal successor of the participant of the action, he/she additionally presents a document confirming his/her authority to receive relevant prizes.
4.9. The composition of prizes (hereinafter referred to as «Prizes») to be transferred under the Certificate depends on the area of the 3-room apartment chosen by the Participant of the Action.
4.10 When choosing a 3-room apartment with a total area of 87,9 sq. m. Participant of the Action is entitled to receive the following prizes in a new state.
4.10.1. 9 BTU air conditioner — 1 pc;
4.10.2. LED TV (Smart TV) with a diagonal of 43 inches — 1 pc;
4.10.3. front-loading washing machine up to 6 kg — 1 pc;
4.10.4. double-door refrigerator for 280 liters — 1 pc;
4.11. When choosing a 3-room apartment with a total area of 104,9 sq. m. or 114,9 sq. Participant of the Action is entitled to receive the following prizes in a new state.
4.11.1. air conditioning 9 BTU — 2 pcs;
4.11.2. LED TV (Smart TV) with a diagonal of 43 inches — 1 pc;
4.11.3. front-loading washing machine up to 6 kg — 1 pc;
4.11.4. Refrigerator for 280 liters — 1 pc;
4.12. When an authorized person uses the Certificate and successfully passes the identity check, the Organizer transfers the Prizes specified in paragraphs. 4.9 — 4.10 of these Rules, and the relevant documents for them on the basis of the Certificate of Acceptance to be signed by the authorized persons on both sides and stamped, if any. After the Acceptance Act is signed, the risk of accidental loss of the Prizes and responsibility for their performance is fully transferred to the Participant of the Action.
4.13. In the event that at the time of claiming the Prizes there are no goods in the market which correspond to the characteristics specified in these Rules, the Organizer has the right to unilaterally purchase goods of other characteristics, as similar as possible to those specified in these Rules.
4.14. The Organizer undertakes to assist in the relocation of the Prizes to the corresponding apartment in Minerva City.
4.15. The Organizer assumes no obligation to install, maintain, technically support and provide other services related to the transferred Prizes.
4.16. The Organizer does not provide any warranty regarding the quality of the Prizes or their performance. Any claims, lawsuits, demands to eliminate failures, factory defects and other defects in the Prizes shall be addressed directly to the manufacturer, seller of the goods or the relevant service center of the manufacturer and shall not be considered by the Organizer.
4.17. The organizer is not responsible:
4.17.1. for delays in construction completion and / or commissioning of the completed construction of the Object or the occurrence of other events specified in clause 4.4 of these Rules, which affect the moment of the Participant’s right to demand the prizes. In case of such delays the Organizer has the right to unilaterally change the terms of construction completion if it is objectively connected with fulfillment of additional requirements of town-planning norms and rules, connection of a house to city engineering networks and their transfer to the corresponding departments, due to the fault of third parties, about what he notifies the Participant in the order provided by item. 5.1 of these Rules.
4.17.2. for extension of the term of construction completion and transfer of the Object to the Participant if it is connected with essentially changed circumstances which the Parties did not foresee and could not foresee at the moment of conclusion of any of contracts or during the Action period.4.17.3.for a delay in submission of the Certificate for execution (use) by the Participant of the Action due to circumstances beyond the control of the Organizer.
4.17.4.for the absence on the market of goods that meet the characteristics specified in these Rules;
4.17.5.for failure to perform or improper performance of its obligations under these Rules due to significantly changed circumstances, which the Parties did not and could not foresee at the time of entering into any of the agreements or during the Action Period.
4.18. The Participants of the Action may at any time waive their rights specified in Section 4 of these Rules by sending a corresponding written notice to the Organizer.
5. CONDITIONS FOR LOSS OF ENTITLEMENT OF A PARTICIPANT’S RIGHT
5.1 Irrespective of receipt of any Certificate, Participant of the Action shall lose his/her status and right to claim appropriate prizes under the following circumstances:
5.1.1. Participant of the Action during the period after the receipt of the Certificate and during the term of the Equity participation in construction agreement violates the terms of the Equity participation in construction agreement two times within any twelve-month period;
5.1.2. In case of termination of the Equity participation in construction agreement or unilateral refusal of any of the parties to perform their obligations under the equity participation in construction agreement — regardless of which party initiated the termination or unilateral refusal to perform their obligations.
6. OTHER CONDITIONS
6.1 The Organizer reserves the right to terminate the Action, extend the terms of the Action as well as to make any changes and additions to these Rules by placing the corresponding information or a new version of the Rules on the resource specified in p.1.5 of these Rules.
6.2 Any version of these Rules that differs from the one indicated on the resource according to clause 1.5 of these Rules is not applicable.
6.3 The Organizer shall not be liable for any consequences of the Participant’s mistakes, including (but not limited to) the losses incurred.
6.4 The Organizer shall not be liable for any claims or losses arising from misunderstandings, misinterpretations, assumptions or opinions that deviate from these Rules and the provisions of the Equity Participation in Construction Agreement.
6.5 When Potential Participants perform actions specified in these Rules, the Organizer or its authorized persons have the right to process their personal data provided in the course of the relevant actions in ways necessary for the purposes of the Action, including the use of these data to confirm the intention of Participants to exercise the right specified in Section 4 of these Rules, and for purposes of individual communication with Participants for purposes related to this Action.
6.6. Personal data of the Participants will be used exclusively by the Organizer in connection with this Action and will not be provided to any third parties for purposes not related to this Action.
6.7. The fact of fulfillment of the actions provided by these rules, implies the consent of the Participant of the Action to the processing of his/her personal data, receiving messages by e-mail (personal account, phone, also through social networks, etc.) of advertisements and correspondence from the Organizer, concerning this Action both during the Action, and after the termination of the Action.
6.8. In case of any questions, misunderstandings or other disputable situations, the Potential Participants and Participants of the Action shall take all measures to clarify / resolve them by contacting the Organizer’s sales office at the address or by calling the contact number specified in paragraphs. 3.1.1 and 3.1.2 of these Rules.
6.9 Working hours of the Organizer’s sales office: Monday through Friday, 09-00 to 18-00. Saturday and Sunday are days off.