MoonPay Mutant Ape Yacht Club NFT Promotion
OFFICIAL RULES (“Official Rules”)
Sponsored by MoonPay USA LLC. (“Sponsor”).
NO ENTRY FEE, PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. The Sweepstakes is subject to all federal, state and local laws, rules and regulations and is VOID in FLORIDA, NEW YORK, RHODE ISLAND, HAWAII AND WHERE PROHIBITED.
The “MoonPay Mutant Ape Yacht Club NFT” Promotion (the “Sweepstakes”) begins on Nov, 15th 2021 at 9:00 AM EST and ends on Dec 11, 2021 at 11:59pm EST (the “Promotion Period”).
1. Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these Official Rules and the decisions of the Sponsor regarding the interpretation of these Official Rules, determinations of eligibility, the selection of a winner and all other matters relating to the Sweepstakes. All decisions of the Sponsor shall be final and binding in all respects.
2. Eligibility. The Sweepstakes is open only to legal residents of the (fifty) 50 United States and D.C. (excluding Florida, New York, Rhode Island, and Hawaii), eighteen (18) years of age or older at the time of entry. As further explained below, entry via MoonPay is available only to Users. A “User” is an individual who has completed KYC on MoonPay (defined below) at the time of entry. Employees of Sponsor and each of its parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes.
3. How to Enter. You may enter the Sweepstakes in one of the following ways:
(a) Via MoonPay (moonpay.com): During the Promotion Period, all eligible Users may enter by completing the following steps:
Entry by Completing Waitlist Signup
- Sign-up and submit details https://moonpay.com/waitlist
Eligible persons that satisfy each of the foregoing steps during the Promotion Period will receive one (1) entry into the Sweepstakes.
All entries become property of Sponsor and none will be acknowledged or returned. No automatically generated, photocopies or other form of mechanically reproduced entries will be accepted. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
Only one (1) entry per person, household and/or email address is permitted, regardless of method of entry used. Entrants submitting multiple entries or violating any of these Official Rules will be disqualified. Proof of submission of an entry does not constitute proof of delivery or receipt.
Note: To claim a prize in this Sweepstakes, the potential winner will be required to create a MoonPay account. Creating an account will require the collection of personal information for identity verification purposes. Potential winners who do not create a MoonPay account and/or if their MoonPay account is not approved by Sponsor via the verification process will be disqualified. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THAT ENTRANTS’S ELIGIBILITY AND COMPLIANCE WITH ALL REQUIREMENTS TO CLAIM A PRIZE HAVE BEEN VERIFIED AND FULFILLED, AND THE ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
4. Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on or around December 11, 2021. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. Sponsor’s clock will be the official clock for the Promotion Period.
5. Prize and Odds: One (1) prize will be awarded in the Sweepstakes as follows:
One (1) Grand Prize:
One (1) Mutant Bored Ape NFT of the Sponsor’s choice.
The prize is non-transferable. No cash or other substitution of prize 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.
Total Approximate Retail Value of Grand Prize: $20,000 (USD). Actual retail value may differ as of time of award.
DISCLOSURE: THE VALUE OF CRYPTOCURRENCY IS SUBJECT TO CHANGE. THERE CAN BE A SUBSTANTIAL RISK THAT IT COULD LOSE VALUE (POSSIBLY ALL VALUE) AS A RESULT OF BUYING, SELLING, OR HOLDING CRYPTOCURRENCY.
The odds of winning a prize depends on the total number of eligible entries received. All prizes are non-transferable and no cash or other substitution of prizes is permitted, except at the sole discretion of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, and local taxes, if any, that apply to prizes. As a condition of winning the prize, winner must provide Sponsor with an IRS Form W-9, including a valid Social Security Number. Winner must also provide Sponsor with any additional information required for tax reporting or prize fulfillment purposes.
6. Notification of Winner. The potential winner will be notified by email and will be required to respond to such email within 48 hours of date/time email was sent by Sponsor. The potential winner must also sign and return any required affidavit of eligibility and publicity/liability release within five (5) days of notification. Sponsor assumes no responsibility for undeliverable emails (e.g., resulting from any form of active or passive filtering by an email client or for insufficient space in an email account to receive an email). If a selected potential winner cannot be contacted, is ineligible, fails to respond to the email in the time allotted and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, their prize may be forfeited and an alternate potential winner may be selected at random from the remaining valid, eligible entries. Any Potential winner who entered the Sweepstakes by mail who does not timely create a new MoonPay accountwill be disqualified and will forfeit all interest in the prize. Winner must have an active MoonPay account in good standing at the time of awarding the prize. Prize will be fulfilled within approximately six (4) to eight (8) weeks of winner verification. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given, and Sponsor will have no further obligation to that entrant. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account specified in the entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
7. Disclaimers and Limitations on Liability.
(a) Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, garbled, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties or any technical hardware or software failures of any kind, which may limit a person’s ability to participate in the Sweepstakes.
(b) IN NO EVENT WILL THE SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Release and Indemnification. You agree to release, indemnify, defend and hold harmless Sponsor and each of its parent companies, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical or other errors in any materials or announcements associated with the Sweepstakes.
9. Publicity. Except where prohibited, by participating in the Sweepstakes, you consent to the use of your name, photo and/or likeness, biographical information, entry and statements attributed to you (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, Sponsor’s homepages located at moonpay.com and those of our partners and our social media channels (including https://www.instagram.com/moonpay, and https://twitter.com/MoonPayHQ , without additional compensation.
10. Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in Sponsor’s opinion (a) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, or (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the entrants. Sponsor also reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion.
11. Governing Law and Choice of Forum. These Official Rules are governed by the law of the State of Delaware without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the federal courts located in Wilmington or the state courts located in Delaware.
13. Third Party Platforms. If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g., Facebook, Instagram or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform 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. This Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
14. Winners List. For the names of the prize winner, send an email message to email@example.com with “Winner - “MoonPay US Mutant Ape Yacht Club NFT” Promotion” as the email subject and Winner - “MoonPay Mutant Ape Yacht Club NFT” specified in the body of the email. Requests must be received within four (4) weeks of the end of the Promotion Period. The winners list will be available after all winners have been verified.
15. Sponsor’s Address: MoonPay USA LLC, 8 The Green, Suite B, Dover, Delaware, 19901