NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Only Otters Giveaway (the “Promotion”) is sponsored by I Support Project (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Only Otters Giveaway Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion.
ELIGIBILITY:
The Promotion is open only to individuals who are twenty-one (21) years of age or older and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in the States of Florida and New York, Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of i Support Project (“Administrator”), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: Only Otters Giveaway, 659 3rd Street Beaver PA 15009. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY:
The Promotion period (“Promotion Period”) begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on May 25, 2022, and ends at 11:59:59 p.m. EST on December 31, 2022. Entries must be received prior to the expiration of the Promotion Period to be eligible to win a Prize.
HOW TO ENTER:
(a) Ticket Entries. Prospective entrants wishing to enter the Promotion must: already own a Only Otters (“OO”) prior to the commencement of the Promotion Period as evidenced by rightful possession of and ownership of the private key associated with a ethereum wallet (“Ethereum Account”) holding one or more Only Otters. Individuals owning a Only Otters on December 31, 2022 at 11:59:59 PM (as determined by the Ethereum blockchain) shall receive one (1) ticket for entry in the Promotion (each, a “Site Ticket Entry”) for each Only Otter owned by that individual, up to a maximum of ten (10) Site Ticket Entries. Any individual that owns more than ten (10) Only Otters will not be eligible to receive more than ten (10) Site Ticket Entries in the Promotion. Upon obtaining a Site Ticket Entry, Sponsor will automatically collect your Ethereum Account key via the Site (“Initial Registration Data”). Entrants who are potential Prize winners may be required to provide some or all of the following: (A) Social Security Number; (B) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (C) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data”).
(b) Alternative Means of Entry. As an alternative means of entry in the Promotion, entrants that have an Polygon Account may submit mail-in entries in the form of a self-addressed, stamped envelope that contains the AMOE Registration Data, as defined below (each, an “AMOE Entry Envelope”). For each properly submitted AMOE Entry Envelope, the entrant shall receive one (1) entry ticket (“AMOE Entry Ticket,” and together with the Site Entry Tickets, the “Entries”), up to a maximum of ten (10) AMOE Entry Tickets. To complete an AMOE Entry Envelope, contestants must type or legibly write their respective Ethereum. & Polygon Account keys on a piece of paper included in the AMOE Entry Envelope (collectively, “AMOE Registration Data,” and together with the Initial Registration Data and Prize Winner Data, the “Registration Data”). Contestants must mail their AMOE Entry Envelopes to: Only Otters Giveaway, 659 3rd Street, Beaver, PA 15009. All AMOE Entry Envelopes must be postmarked by December 31, 2022, to be eligible to receive Entries in the Prize drawing. Any improperly submitted AMOE Entry Envelopes (i.e., any potential AMOE Entry Envelopes having invalid or incomplete AMOE Registration Data) will be VOID.
(c) Delivery of Site Ticket Entries. Site Ticket Entries will be delivered to eligible individuals as an air drop to an entrant’s Polygon Account in the form of an ERC-1155 token minted on the Polygon blockchain (“Ticket Entry Token”) within seven (7) days from the commencement of the Promotion Period.
(d) Delivery of AMOE Entry Ticket. AMOE Entry Tickets will be delivered as an air drop to the Polygon Account provided by the AMOE Registration Data of a Ticket Entry Token within seven (7) days of receipt of the AMOE entry.
(e) Entry Limits/General Provisions. The total combined number of Entries submitted per entrant during the Promotion Period may not exceed ten (10) Entries in the aggregate. So, by way of example, if an entrant obtains five (5) AMOE Entry Tickets during the Promotion Period, that entrant will only be permitted to also obtain five (5) Site Entry Tickets during the Promotion Period. Any Entries attempted in excess of this limitation will be discarded. Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different Polygon Accounts, e-mail addresses, mobile devices, identities, registrations, user-names, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Sponsor is not responsible for Entries, Promotion-related notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. Entrants are not permitted to sell, barter, exchange or otherwise transfer Entries to/with any other individual and/or entity.
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s Ethereum Account address, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 p.m. EST on December 31, 2022.
HOW TO WIN A PRIZE:
Within thirty (30) days of the end of the Promotion Period, the Administrator will randomly select thirteen (13) Entries from the Promotion Database as potential Prize winners (“Winner Selection”). The potential Prize winners will be notified by an air drop of an ERC-1155 token minted on the Ethereum blockchain (“Potential Winner Token”) to their Ethereum Accounts within ten (10) days after Winner Selection.
PRIZE WINNER VERIFICATION AND ELIGIBILITY:
The potential Prize winners shall be subject to eligibility verification. Each potential Prize winner will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within five (5) days following attempted notification. In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry.
Non-compliance by a potential Prize winner within this time period may result in forfeiture of the subject Prize, with an alternative Prize winner selected. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of that Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor and Administrator in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor and Administrator will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
PRIZE DESCRIPTION:
(a) Prize. Each Prize winner will receive an Ethereum (each, a “Prize”). (b) Prize Terms and Conditions. The approximate retail value (“ARV”) of each Prize is Three Thousand Dollars ($3,000.00). The Prize winners will not receive the difference between the actual Prize value and the ARV. The specifics of the NFT associated with each Prize shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply.
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Promotion during the Promotion Period, but can be calculated by dividing the number of Prizes by the total number of Entries received.
PRIVACY STATEMENT:
For a thorough recital of the Sponsor Privacy Policy, Click Here https://www.termsfeed.com/live/1cd9b1d3-066d-48bb-af37-620e1a737222. To the extent that the Sponsor Privacy Policy is in conflict or inconsistent with these Contest Rules as they pertain to the Promotion, these Contest Rules shall take precedence. WINNERS LIST: To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: Only Otters Giveaway, 659 3rd Street, Beaver, PA 15009
TAX INFORMATION:
Federal, state and local taxes, value-added taxes (“VAT”), and all similar fees and assessments, are the responsibility of the Prize winners. Sponsor reserves the right to withhold taxes from the winning Prizes, as appropriate. Sponsor will issue a form 1099-MISC to each of the Prize winners in the amount of the ARV of each Prize where applicable.
NO SUBSTITUTION OF WINNERS:
The Prizes are non-transferable, and no substitution or transfer of any Prize will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize, or any portion thereof, for a substitute of equal or greater value for any reason.
PUBLICITY:
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
RELEASE:
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prizes) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.
ADMINISTRATOR:
Administrator is not involved in marketing the Promotion. The Administrator will not respond to any inquiries. The Administrator is solely responsible for the selection of the potential Prize winners.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Contest Rules shall be treated as though they were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Contest Rules. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Contest Rules or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here https://www.adr.org/Most-Viewed-Forms For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
DISQUALIFICATION:
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic including, without limitation, any issue related to the Ethereum or Polygon website, associated blockchain technology, and/or Polygon Ethereum Accounts. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
INDEMNIFICATION:
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site, the NFTs and/or associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.