BORED APE NFT GIVEAWAY
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT ENHANCE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED
By participating in this Contest, you agree to these Official Rules, which are a contract, so read them carefully before participating.
To enter this Contest, you must have Internet access.
- TIMING: Entries must be submitted between May 22, 2022, at 4:30 a.m. and midnight on June 21, 2022. Sponsor’s clock will be the official timekeeping device for the Contest.
- ELIGIBILITY: The Contest is open to residents of the fifty (50) United States, the District of Columbia, Puerto Rico, and U.S. Virgin Islands. who are at least 18 years of age as of the date of entry. Employees, contractors, officers or directors of Sponsor, EDC (Electric Daisy Carnival), Insomniac Holdings, LLC, Live Nation Entertainment, Inc., and their respective affiliates, subsidiaries, as well as the immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, contractor, officer and director are not eligible to enter, and businesses owned by these individuals are not eligible to receive a prize. Sponsor makes the final determination as to who is eligible to take part in the Contest. By participating, each Participant agrees to abide by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.
- HOW TO ENTER: Enter online at boredape.orbnft.io by filling out and submitting the entry form and providing your email address and phone number and following directions for additional entries.
- HOW TO WIN: Winner to be chosen at random from all timely entries. Odds of winning depend upon the number of eligible entries.
- OFFICIAL RULES: By entering the Contest, entrants warrant they have read and understand these Official Rules and agree to be bound by them and to release, discharge and hold harmless Sponsor, Prize Partner, and their respective parents, affiliates, subsidiaries, retailers, agencies and all of their respective officers, directors, employees and agents (collectively “Released Parties”) from any and all liability, claims, judgments, losses, injuries, demands, damages, state or federal tax penalties, actions and/or causes of actions, whether direct or indirect, which may be due to or arise out of participation in the Contest.
- ADDITIONAL TERMS: Sponsor may prohibit a Participant from participating in the Contest if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other Participants or Sponsor or its agents, or if Participant has or has attempted to submit malicious code, .exe files or any file that contains malicious code. Each entry must be manually key stroked by the individual Participant; automated and/or repetitive submissions of Entries will be disqualified.
- WINNERS: A potential prize winner’s assessment will be under supervision of Sponsor, whose decisions are final and binding on all matters relating to the Sweepstakes. The selected potential prize winner will be notified via electronic message or another means by August 15, 2022, and presented with an Affidavit of Eligibility. Subject to verification of eligibility and compliance with these Official Rules, including proof of identity and age verification, the potential winner will be declared an official winner of the Contest (a “Prize Winner”). If any selected potential winner does not respond to Sponsor within 5 business days of being notified, is found to be ineligible, is not able to receive the Sponsor’s notification or cannot or does not comply with these Official Rules, such potential winner may be disqualified, and the Judges may select an alternate potential winner at random from among all remaining eligible entries.
- PRIZE: “Bored Ape” Non-Fungible Token (“NFT”), approximate retail value $290,000 as of the publication of these rules.
- ADDITIONAL PRIZE TERMS: All Prize details not stated in the above prize description will be determined by Sponsor in its sole and final discretion. Prize Winner will be solely responsible for all costs, fees and expenses not expressly stated in the prize description. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. Without limiting the generality of the foregoing, the Prize Winner is responsible for all federal, state and local taxes and any other taxes associated with award, acceptance and/or use of the prize excluding taxes included in the cost of the prize. THE VALUE OF NFT’S IS HIGHLY VARIABLE AND THE ACTUAL VALUE OF THE PRIZE MAY DIFFER AT THE TIME OF THE AWARD OR THEREAFTER. No refunds or credit for changes or fluctuations in value are allowed. Prize Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the prize (or portion thereof) prior to receipt of the prize. No substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or prizes of the same approximate retail value for the prize (or portion thereof). The Released Parties, individually and collectively, are not responsible for any injuries or loss to Prize Winner or guest in using the prize. The Released Parties will not replace any lost, mutilated or stolen prizes or prize elements or any prize elements that are undeliverable or do not reach the winner because of an incorrect or changed address or other contact information. If Sponsor determines at any time in its sole discretion that a winner or potential winner is ineligible or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to disqualify that person, even if he or she has been notified or announced as a winner. Winner agrees that Sponsor and affiliates may use winner’s name and likeness in marketing and promotional material regarding winner receiving the prize, at Sponsor’s sole discretion and without limitation, and without additional compensation to winner.
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 of the 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 in a non-disparaging manner 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.
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.
- LIMITATIONS OF LIABILITY: The Released Parties are not responsible for, and specifically disclaim any liability for or arising out of, any of the following regardless of cause, in connection with the Contest: (1) any incorrect or inaccurate information, whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (2) technical difficulties or failures of any kind including, but not limited to, malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers; (3) bugs, viruses, worms, Trojan horses or similar malicious attacks; (4) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions; (5) any responsibility and/or liability with respect to the contest and/or the prize (including any property loss, damage, illness, personal injury or death) in connection with participation in this Contest, the offering or announcement of any prize, or the acceptance/possession, use/misuse and/or defects of the prize awarded herein; (6) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled transmissions; (7) unauthorized human and/or mechanical intervention in the Contest or any other part of the participation process in this Contest, and (8) any fluctuation in the value of the Prize prior to or after award.
- RELEASE: By entering, Participant agrees to accept and abide by the Official Rules of this Contest. All decisions by Sponsor regarding this Contest are final. By entering, Participant agrees to be notified using the contact information provided as part of entry by Sponsor for the purposes of the administration of this Contest. By entering and/or accepting a prize, Participant agrees to release, defend, indemnify and hold harmless the Released Parties from all injury, loss or damage to person, including illness, death or property due, in whole or in part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in the Contest and any related activity. Neither Sponsor nor its affiliates are responsible for any typographical or other error in the printing of these Official Rules, administration of the Contest, or in the announcement or distribution of any prize or prize element. In no event will more than the stated number of prizes be awarded. In the event Sponsor is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within Sponsor’s control (each a “Force Majeure” event), Sponsor shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate the Contest without further obligation. In no event will more than the stated number of prizes be awarded. If Sponsor, in its sole discretion, elects to abbreviate the Contest as a result of a Force Majeure event, Sponsor reserves the right, but shall have no obligation, to award the prizes from among all valid and eligible entries received up to the time of such Force Majeure event, or to modify the prizes. All entries are the property of Sponsor and will not be returned.
- GOVERNING LAW: By entering, Participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, and the rights and obligations of Sponsor and the Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
- OFICIAL RULES/WINNER’S LIST: For a winners’ list, no later than 60 days after the selection of the winner, email firstname.lastname@example.org. Limit one (1) request per email address. Winner’s name will be included in the winner’s list.
- SPONSOR & ADMINISTRATOR: ZVV Media Partners LLC, 1 West Broad Street, Bethlehem PA 18018