OFFER GOOD UNTIL MARCH 15, 2023 AT 5:01PM EST OR WHILE SUPPLIES LAST. ALLOW UP TO THREE (3) MONTHS FOR REWARD DELIVERY.
Any person (“you” or “your”) visiting www.candy.com (the “Website”), including those who purchase any items offered by Candy Digital, Inc. (“Candy Digital”), agrees to be bound by the following Reward Terms & Conditions (“Reward Terms”), as well as our Privacy Policy, Terms of Use, and any applicable additional terms (all of which are incorporated herein by reference).
1. Promotional Offer: To receive one (1) Polaroid Go Starter Set and one (1) NFT (as defined below) bundle from the Getty Images Collection: 1970s Music Part 1, subject to availability (together, the “Rewards”), go to the Website and (i) redeem or purchase Serial #70 of the free “It’s Time To Light the Lights” non-fungible token (“NFT”) from Exposure by Getty Images and Candy (the “Getty Images Free Mint NFT”) by March 15, 2023 at 5:01PM EST (the “Promotion Deadline”) and (ii) hold the Getty Images Free Mint NFT in your Candy Digital account until the Promotion Deadline. For clarity, you must purchase and hold the NFT in the same Candy Digital account, and transfers (i.e., NFTs that are not purchased) will not be eligible to earn the Reward. If you have technical or other difficulties, please contact us at fans@candy.com, so we may investigate.
If you qualify for this promotional offer (the “Promotion”), the Rewards will be shipped to you or delivered to your Candy Digital account, as applicable, within ninety (90) days following the Promotion Deadline. The Promotion is limited to residents of the fifty (50) United States and District of Columbia, as well as Canada (excluding Quebec), aged 18 or older. You must have a Candy Digital account. No substitutions or cash redemptions. Any applicable taxes (if any) are the sole responsibility of the Reward recipient.
The right to receive a prize is non-transferable. No substitutions or cash redemptions. In the case of unavailability of a prize, Candy Digital reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of the winner.
In order to receive the Rewards, you must possess or establish a Candy Digital account. You are not required to purchase any cryptocurrency or tokens or to otherwise make a purchase (other than as set forth herein) in order to receive the Rewards. You are advised that transferring or selling NFTs usually incurs a transaction fee. You must consult with your chosen digital wallet entity for information on any such fees.
The value of any NFT is subjective and therefore can be volatile. NFTs and similar assets are collectibles and have no inherent or intrinsic value. The Released Parties (as defined below) do not and cannot guarantee that any NFT won will retain its original value.
2. General Conditions: Candy Digital reserves the right in its sole discretion to not redeem the Rewards of any individual they find to be (i) engaging in fraud or undermining the legitimate operation of this Promotion, (ii) acting in an abusive, fraudulent, deceptive or disruptive manner, and/or (iii) in violation of these Reward Terms. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law and should such an attempt be made, Candy Digital reserves the right to seek damages from any such person to the fullest extent permitted by law. Candy Digital reserves the right to make the final decision with respect to admission and/or redemption and fulfillment of the Rewards, in its sole discretion.
Candy Digital reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should Candy Digital determine (in its sole discretion) that any virus, bugs, non-authorized human intervention, cheating, fraud or other causes beyond its control have corrupted or affected, or may corrupt or affect, the administration, security, fairness or proper conduct of the Promotion. Void where prohibited or expired. Candy Digital is not responsible for late, non-compliant, or misdirected requests. Requests not complying with all offer requirements will not be honored. Duplicate requests will constitute fraud.
By participating, you agree to release and hold harmless Candy Digital, Getty Images, Inc., and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action arising out of participation in the Promotion and/or receipt, use or misuse of the Rewards, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical, mechanical or printing errors; (c) the administration of the Promotion (including any errors) and/or the processing fulfillment or redemption of requests; and/or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use of any NFT. You further agree that in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
3. Governing Law. These Reward Terms shall be governed by the laws of the State of New York.
4. Arbitration; No Class Action.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Your participation in the Promotion constitutes your acceptance of this Arbitration provision.
As a condition to participating in the Promotion, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Promotion and/or the Rewards (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.
5. Sponsored by: Candy Digital, Inc., 205 Hudson Street, New York, NY 10013.