Don’t Miss Out on Crypto Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN NY AND WHERE PROHIBITED.
1. Eligibility: Don’t Miss Out on Crypto Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia), but excluding New York, who are at least eighteen (18) years old at the time of entry. Employees of West Realm Shires Services, Inc., d/b/a FTX US, Dentsu Inc., Sponsor’s paid endorsers, Merkle Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. It is void in New York and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: West Realm Shires Services, Inc., d/b/a FTX US, 2000 Center Street, Ste 400, Berkeley, CA 94704. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Sweepstakes begins when Sponsor posts its Sweepstakes Tweet on February 13, 2022 (this will happen between approximately 8:30 p.m. Eastern Time ("ET") and 10:30 p.m. ET) and ends at 11:59 p.m. ET on February 13, 2022 (the "Promotion Period"). Twitter's servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter:
Entry Requirements: During the Promotion Period, take the following actions to receive an entry:
(a) Follow @FTX_Official on Twitter;
(b) Locate and Retweet Sponsor’s tweet that advertises this Promotion (“Sweepstakes Tweet”).
(c) You need not include any additional content with your Retweet, including any reference, positive or negative, to Sponsor’s products or services. Including such a reference in your Retweet will not improve your chances of winning. If you choose to include content, it must not violate the Content Restrictions listed below;
(d) Your Twitter account settings must remain public during the Promotion Period and until the prizes are awarded (as described in Section 6); and
(e) You must not change your Twitter handle during the Promotion Period and until the prizes are awarded (as described in Section 6).
Content Restrictions for your Entry:
- Your Tweet must be your original work;
- Your Tweet must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
- Your Tweet must not disparage Sponsor or any other parties;
- You must have permission to include the names or likenesses of other individuals and to grant the rights set forth in Section 5. You should only include minors in your Tweet if they are your children/wards. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
- Your Tweet must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks or any other intellectual property other than those of the Sponsor;
- Your Tweet must not make references to or include: alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
- Your Tweet may not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- Your Tweet may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.
You automatically will receive one (1) entry into the Sweepstakes drawing if your Retweet complies with all of the above requirements. Sponsor may disqualify your Retweet if finds it to be unlawful, or in violation of these Official Rules. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, or delayed Retweets or failure to receive the Retweet due to limitations of third-party social network platforms, all of which will be void.
Entry Limit: You may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more one (1) entry by using multiple/different Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Twitter account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Twitter account. Each potential winner may be required to show proof of being the authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Retweets or failure to receive Retweets due to limitation of third-party social media platforms, all of which will be void.
5. Sponsor’s Use of Social Post Content: Retweeting constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Retweet.
If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration, create an FTX account or provide any other requested information, within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
7. Prizes: FOUR (4) GRAND PRIZES: Each winner will receive Bitcoin deposited into their FTX account. The amount of Bitcoin to be deposited will be equal to the ET time (hour and minute) that Sponsor’s February 13, 2022 television commercial begins to be aired on NBC. Time of the beginning of the airing will be determined by Sponsor, relying on https://www.time.gov/. For example, if the commercial is aired at 9:15 p.m. ET, winners will receive 9.15 BTC. The television commercial is estimated to air between 8:30 p.m. ET and 10:30 p.m. ET. The exact time is not known or controlled by Sponsor. The value one (1) Bitcoin as of February 4, 2022 at approximately 12:00 p.m. ET is $37,027. The present value of bitcoin can be viewed at any time at https://ftx.us/trade/BTC/USD. The maximum Approximate Retail Value (“ARV”) assuming the commercial airs at 10:30 p.m. and is valued at the price stated above is $381,378.10. SPONSOR MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES REGARDING THE VALUE OF THE PRIZE AT THE TIME WHEN IT IS ADDED TO WINNER’S ACCOUNT, OR ITS FUTURE VALUE. THE VALUE OF CRYPTOCURRENCY IS SUBJECT TO CHANGE. THERE CAN BE A SUBSTANTIAL RISK THAT THE PRIZE COULD LOSE VALUE (POSSIBLY ALL VALUE) AS A RESULT OF THE VOLITLE NATURE OF THE CRYPTOCURRENCY MARKET.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Maximum total ARV of all prizes (assuming the Bitcoin value above) is $1,525,512.40. Prizes will be fulfilled approximately 8-10 weeks after winners are confirmed.
8. Release: By entering this Sweepstakes, entrants agree to release and hold harmless Sponsor, Dentsu Inc., Administrator, Twitter, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, third party claims involving the right to privacy, right of publicity, or intellectual property infringement, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Retweet, photograph (including, without limitation, winner's Twitter profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Social Media Platforms: By participating in this Sweepstakes, entrant releases and agrees to comply with all rules and policies set forth by the applicable social media platform used to administer this Sweepstakes. This Sweepstakes is not sponsored, endorsed or administered by, or associated with, any social media platform. Entrant accordingly acknowledges that it holds harmless the applicable social media platform(s) from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Winner List: For a winner list, visit https://bit.ly/3KZLJim. The winner list will be posted after winner confirmation is complete.
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