OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The “FoundersX Unlimited” Guns N’ Roses Ticket Giveaway (the “Giveaway”) begins on or about May 31st 2023 at 12:01 a.m. Pacific Time (“PT”) and ends on or about June 30th, 2023 at 11:59 p.m Pacific Time (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select One (1) prize winner, from among all eligible entries received, as set forth more fully below. Entry in the Giveaway does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of MetaWorks Platforms. 3250 Oakland Hills Court Fairfield, California 94534, United States (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and District of Columbia and Puerto Rico who are at least twenty-one (21) years of age at the time of entry are eligible to enter. Officers, directors and employees of Sponsor, and each of Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Giveaway (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Giveaway or win a prize. This Giveaway is void where prohibited.
HOW TO ENTER: There are two (2) ways to enter the Giveaway:
Limit One (1) entry per person, regardless of the method of entry. All entries must be received by the end of the Promotion Period in order to participate. The Website’s database clock will be the official time keeper for this Giveaway. All required information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. [Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used in accordance with Sponsor’s privacy policy located at https://musicfx.io/privacy-policy/.]
Entry must be made by the entrant, only through the entry methods described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this giveaway. Tampering with the entry process or the operation of the giveaway, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Giveaway or by any technical or human error which may occur in processing of the entries in the Giveaway. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: At the end of the Promotion Period, the winner will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential winner will be notified by email using the contact information given at the time of entry and associated with the account. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within two (2) days of the first notification attempt, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.
PUBLICITY RELEASE: By participating in the Giveaway, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Giveaway, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, social media tag, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, to advertise, market, and promote the Promotion Entities, the Website or the Giveaway or other promotions, and each entrant and/or prize winner hereby release the Promotion Entities from any liability with respect thereto.
PRIZES/ODDS: There one prize available. Each prize consists of a non-fungible token (“NFT”) that correlates with an image, media or artwork (the “Image”). The NFT is the prize (“Prize”). The following NFT Prize is available:
The winner and his or her companion must be twenty-one (21) years of age or older in order to redeem the Prize and participate in the Prize activities.
In the event that the event listed in the Prize package description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of “Force Majeure” (defined below), or for any other reason, the winner will receive [ One Hundred Dollars ($100) ], and such amount plus the remaining components, if any, of the applicable Prize package shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize winner, and no other or additional compensation will be awarded.
NFT Prize Additional Terms:
A free account with the marketplace, platform or exchange that minted the NFT or where the NFT is deposited (“Marketplace”) and a cryptocurrency wallet (“Wallet”) is required to claim the NFT component of this prize. If a winner does not have an Account or a Wallet, the winner can create one for free. More specific instructions will be provided to the winner. Winner’s use of the Marketplace is subject to the Marketplace Terms of Use and Privacy Policy, and winner’s creation of a Wallet is subject to the Wallet provider’s identity verification process. Upon verification of the winner, Sponsor or Administrator will transfer the NFT component of the prize to the winner’s Wallet.
Upon transfer of the NFT from the relevant entity to the winner, the winner shall become the owner of the NFT. Limited usage rights are typically associated with most artwork or images associated with NFT’s on the market today. The usage rights for the Image associated with the NFT, along with any transfer restrictions or conditions (including, without limitation, royalties owed upon transfer) will be as set forth in the terms and conditions of the Marketplace, the terms of any smart contract associated with the NFT and the terms transfer agreement that the winner will be required to sign (“Permitted Uses”). If no such terms or conditions are specified, then the Permitted Uses consist of a limited, non-exclusive, revocable license to privately display the Image solely as part of the NFT for non-commercial purposes. The winner shall have no ownership right, title or interest in or to the Image. All ownership right, title and interest in and to the Image (including, without limitation any trademarks, copyright(s) or other intellectual property rights therein) remains with the creator(s) of that Image or the applicable intellectual property owners, and the receipt of the NFT does not assign or otherwise transfer ownership of such Image or any trademark, copyright or other intellectual property rights therein. Further, the Permitted Uses do not include the right to create derivative works of the NFT or the Image.
If the Permitted Uses allow the winner to transfer or sell the NFT, any transfer or sale is always subject to Sponsor’s or its licensor’s rights in the Image and such other Permitted Uses noted above and the winner shall be required to impose those Permitted Uses on any person or entity to whom the NFT is transferred or sold, with a corresponding obligation on such party to also impose those Permitted Uses on any person or entity to whom they transfer or sell the NFT and so on in perpetuity such that the Permitted Uses will apply to the NFT forever.
To the extent the winner transfers or sells the NFT and does not include a provision in its transfer documentation that imposes the Permitted Uses on the person or entity to whom the NFT was transferred or sold, the winner agrees to fully indemnify Sponsor against any claim brought against Sponsor in relation to the Permitted Uses and reimburse Sponsor for the costs it incurs in seeking to enforce or impose the Permitted Uses.
The Prize is not exchangeable for credit or kind whether in part or in full.
Winner accepts and acknowledges that THE ONLY MATERIAL BEING TRANSFERRED TO THE WINNER IS THE NFT. The “Released Parties” (as defined below) make no representations or warranties and hereby disclaims any and all representations and warranties, express or implied, concerning the NFT furnished to the winner hereunder. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH NFT(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.]
No cash alternative or substitution of prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of the prize will be delivered only to an address in the United States. All expenses and incidental travel costs not expressly stated in the Prize descriptions above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes, gratuity or other expenses are the sole responsibility of the Prize winner. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
Actual odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS: The Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable . Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Giveaway materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prize(s) and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant (and any minor entrant’s parent or legal guardian) agrees that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Vuele and/or Discord websites or otherwise participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway or the MusicFX website, to be acting in violation of these Official Rules, or to be acting in an un-sportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor may (if possible) select the winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Giveaway, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Giveaway; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winner list, send a self-addressed stamped envelope to: The Guns N’ Roses Ticket Giveaway Winner List, MetaWorks Platforms 3250 Oakland Hills Court Fairfield, California 94534, United States. All such requests must be received within six (6) weeks after the end of the Promotion Period.
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