Terms of Service
THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 14 AND SECTION 15 OF THIS DOCUMENT CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS (RATHER THAN JURY TRIALS OR CLASS ACTIONS) AND LIMIT THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.
ETHGAMES GIVEAWAY OFFICIAL RULES
Last Modified: June 8, 2022
- Acceptance of the Terms. Subject to these Terms, including the conditions of participation set forth in Section 2 (Participation), these ethgames Giveaway Official Rules are entered into by and between you (acting in your capacity as an employee or other representative of your company or other entity, if applicable), and Ethgames LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to, use of, and participation in any giveaway administered by us and described in these Terms (collectively, the “Giveaway”). We may provide information regarding the Giveaway and administer the Giveaway through our website, available at ethgames.xyz, our Discord channels, and our Twitter accounts (the “Website”). Please read these Terms carefully before you participate in the Giveaway or use the Website. By participating in the Giveaway, using the Website, or by clicking to accept or agree to the Terms, you accept and agree to be bound by these Terms. If you do not want to agree to these Terms, you must not participate in the Giveaway or access or use the Website. You acknowledge that these Terms are legally binding terms and conditions that affect your legal rights and remedies. If you fail to agree to the Terms in the method required by the Company, you cannot participate in the Giveaway and are ineligible to receive any prize.
- Participation. As a condition to your participation in the Giveaway, you must comply with the terms and meet the requirements set forth in this section. To enter, you must own a player card non-fungible token (a “Player Card”). You must not reside in Florida, Rhode Island, or New York State and must be at least 18 years of age. No purchase or payment of money is necessary to enter, participate in, or win the Giveaway. A purchase will not increase your chances of winning. Void where prohibited. Notwithstanding anything to the contrary in these Terms, if you are a Prohibited Person, you acknowledge that you are not eligible to participate in the Giveaway, you will not participate in the Giveaway, and, except as set forth in this sentence, nothing in these Terms related to the Giveaway will be binding on you or us. “Prohibited Person” means (a) persons who from and after the beginning of the promotion of the Giveaway were or are employees or agents of Company or its parent, affiliates, subsidiaries, or its or their service agencies or independent contractors; (b) persons who are engaged in the development, production, distribution of materials, or drawing of winners for the Giveaway; and (c) persons who are immediate family of or who reside in the same household as any person in either of the preceding categories. You will be ineligible to participate in the Giveaway if you breach or do not comply with these Terms. To obtain a copy of these Terms, please send a separate, self-addressed stamped envelope to “ethgames Giveaway Official Rules” at 1466 Eglinton Avenue West, Toronto, Ontario M6E 2G5.
- The Giveaway. The Giveaway will begin on a Monday, on the date set forth on our Website. One winner will be randomly selected on each Sunday during an active season of the Giveaway. Winners of the Giveaway will receive a prize. Odds of winning a prize depend on the number of eligible participants. We reserve the right to withdraw or amend the Giveaway, and any service or material we provide in connection with the Giveaway, in our sole discretion without notice.
- Winner Announcement; Claim of Prize. Winners will be notified by an announcement on our Website. After the announcement, winners will have 30 days to provide all Participant Information to us. If a winner fails to provide all Participant Information to us within the specified time, or is determined by us to have breached or violated any part of these Terms, the winner will be deemed to have forfeited Giveaway. In such case, we will conduct select an alternate winner based upon the order of eliminations from the Giveway. Subject to the winners’ full compliance with these Terms, the Giveaway winner will receive a prize. Subject to full compliance with these Terms, the prize will be delivered to the Giveaway winners by depositing the prize into each winner’s wallet within 14 days after Company’s receipt and verification of all requested documentation from the winner. Company has no obligation to deliver a prize to any wallet that does not contain the winning Player Card. Company’s decisions will be final and binding in all respects. If a winner is ineligible; cannot be notified as described above, or does not take possession of the prize as stated above, the winner will be deemed to have rejected the prize and Company may select a new winner. Winner(s) are not permitted to substitute prizes for their cash equivalent or a credit. The prize will not be replaced if lost or stolen. The prize may not be assigned or transferred by winners. Company reserves the right to substitute any or all of the prizes with any article or service of similar or greater value at its sole discretion. The winner list will be available after the end of the giveaway. To receive a copy of this list, please send a separate, self-addressed stamped envelope to “ethgames Giveaway – Winner List” at 1466 Eglinton Avenue West, Toronto, Ontario M6E 2G5.
- Providing Your Information. As a condition to winning the Giveaway, you will provide us with certain information, including personally identifiable information, as required by us in our sole discretion (such information, “Participant Information”). Participant Information may include proof of identification and eligibility and an associated affidavit, a completed tax form, and other legal documentation as requested by us. You hereby consent to all actions we take consistent with applicable law and regulations with respect to Participant Information, including providing applicable information to authorities in your state or jurisdiction of residence as required by applicable law or regulation. You represent and warrant that (a) any Participant Information you provide to us is true, accurate, current, and complete, (b) you have all rights necessary to provide us with such information and allow us to use such information in connection with the Giveaway, and (c) you will promptly notify us if any such information is or becomes inaccurate. If you do not provide us with all such Participant Information, you acknowledge that you are not eligible to win the Giveaway. Based on your Participant Information or otherwise, we may determine in our sole discretion that we cannot provide Giveaway winnings to you because such an action would be prohibited by applicable law or regulation. We will have no liability to you in such a scenario, and we will conduct another random selection to select an alternate winner. You bear all risks resulting from incorrect Participant Information or other information you provide to us, including an inability to receive Giveaway winnings due to an incorrect wallet address, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any internet network, computer equipment, software, inability to access any online service or website, or any other error or malfunction. You will provide us with reasonable cooperation in connection with the Giveaway.
- Security. Once you have received any winnings, you are fully responsible and liable for their use and security, and we will have no responsibility or liability in connection their use or security. You have sole responsibility to establish and maintain in fully operational, secure and valid status, access to your wallet for receipt of blockchain assets and its wallet address (collectively, “Your Wallet”), the credentials for access of Your Wallet, and the private keys of Your Wallet. In the event of any loss, hack, or theft of cryptocurrencies or blockchain assets from Your Wallet, you acknowledge and confirm that you have no rights, claims, or causes of action in any way whatsoever against us, and to the maximum extent permitted by applicable laws, we expressly disclaim our liability and shall in no case be liable to you for the loss of possession of the credentials for accessing, or loss or destruction of the private keys of, Your Wallet, in any manner and to any extent.
- Taxes. Winnings from the Giveaway may be subject to applicable tax laws. You are responsible for any and all taxes on any winnings. If you are a winner, you will pay all such taxes, file all necessary tax forms, and be liable for all tax liability. We will provide tax forms as required of us by applicable law. Prizes may be subject to withholding, and you will, as reasonably requested by us, provide additional information, execute tax forms, provide fiat currency, and perform all other acts to ensure that you bear all responsibility and liability for any withholding taxes relating to your prizes or other winnings and to put Company in the same financial position it would have been in had no withholding taxes been required. If you fail to perform any such acts, you may, at Company’s discretion, forfeit the prize and any proceeds from the Giveaway. You are encouraged to consult with your own tax professional to provide advice on all applicable tax consequences.
- Fees. You are responsible for all costs and fees associated with transferring any winnings or Player Cards to you. These costs and fees include any blockchain transaction or “gas” prices. You acknowledge that blockchain assets such as ETH and NFTs are subject to price fluctuations and the increase in gas prices. We are not responsible for any such fluctuations or increases in gas prices. We are not responsible for any delays in receipt of winnings caused by blockchain technology, including delays caused by inadequate gas fees, network congestion, or liquidity issues.
- Representations. You represent and warrant that (a) you have and will comply with all applicable laws and regulations in connection with these Terms and the Giveaway; (b) you have full power and authority to agree to these Terms; (c) you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States; (d) you have not been placed on the U.S. Department of Commerce’s Denied Persons List; (e) you are not identified as a “Specially Designated National” by the United States government; and (f) you will not participate in the Giveaway if any laws prohibit you from doing so.
- Reliance on Information. We do not warrant the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Nothing on the Website constitutes (a) advice or a recommendation of any kind (legal, financial or otherwise), or (b) an indication of results that may be achieved. Please consult with professional advisors in connection with your use of the Website. These Terms and the Website do not constitute an offer to sell or solicitation of an offer to buy securities.
- Disclaimer of Warranties. We disclaim all liability for the technical, regulatory, compliance, and legal aspects of any of the blockchain assets used as winnings for the Giveaway. We recommend that you consult your own legal, financial, and other professional advisors in connection with your participation in the Giveaway and use of Giveaway winnings. YOUR USE OF THE GIVEAWAY AND THE WEBSITE ARE AT YOUR OWN RISK. THE GIVEAWAY AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE GIVEAWAY OR WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE GIVEAWAY OR OUR WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THE GIVEAWAY, OUR WEBSITE, AND THESE TERMS WILL NOT EXCEED $100 U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 12 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW, AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU.
- Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third‑party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your participation in the Giveaway or use of the Website, (c) any Participant Information you provide to us, or (d) your violation of any other party’s rights or applicable law.
- Arbitration and Governing Law. YOU WILL SUBMIT ANY DISPUTES ARISING FROM THE GIVEAWAY, THESE TERMS, OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN CALIFORNIA. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS‑ACTION BASIS. FURTHERMORE, UNLESS YOU AND COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL, UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE GIVEAWAY, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- General. If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and the Company intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and the Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. The Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to the Giveaway, and any attempt by you to do so is void. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in a written document signed by the Company. These Terms (including any incorporated terms) constitute the entire agreement between you and the Company with respect to the Giveaway. Both you and the Company warrant to each other that, in entering into these Terms, neither the Company or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and the Company, or the Company’s successors and assigns, will have any right to enforce any of these Terms. Neither these Terms nor the Website create partnership, joint venture, employment, or other agency relationships between us. You may not enter into any contract on our behalf or bind us in any way.
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