Candy Digital – 2023 MLB Virtual Ballpark | NLCS Game 4 | 3D Watch Party Commemorative Ticket Collectible Program Terms & Conditions
OFFER GOOD UNTIL NOVEMBER 10, 2023 AT 5:00PM EST OR WHILE SUPPLIES LAST. ALLOW UP TO NINETY (90) DAYS 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: From October 20, 2023 to November 10, 2023 at 5:00PM EST (the “Promotion Period”), Eligible Holders (as defined below) in accordance with the Program Terms, may receive a MLB Virtual Ballpark | NLCS Game 4 | 3D Watch Party Commemorative Ticket non-fungible token (“NFT”) (the “NLCS Game 4 Virtual Watch Party NFT”) (collectively, the “Promotion”). Eligible Holders may receive the NLCS Game 4 Virtual Watch Party NFT by clicking on the link in the redemption email sent by MLB following the conclusion of the Philadelphia Phillies vs. Arizona Diamondbacks game on October 20, 2023 and following the instructions provided therein. If you have technical or other difficulties, please contact us at fans@candy.com, so we may investigate.
If you qualify for this Promotion, the NLCS Game 4 Virtual Watch Party NFT will be delivered to your Candy Digital account within ninety (90) days following the Promotion Period. 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. No substitutions or cash redemptions. Any applicable taxes (if any) are the sole responsibility of the NLCS Game 4 Virtual Watch Party NFT recipient.
In order to receive the NLCS Game 4 Virtual Watch Party NFT and any other benefits of this Promotion, 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 NLCS Game 4 Virtual Watch Party NFT. 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. You agree to assume all risk associated with the use and value of the NLCS Game 4 Virtual Watch Party NFT.
2. General Conditions: Candy Digital reserves the right in its sole discretion to not redeem the Reward 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, including any Qualifying Campaign Activity, 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, and to the fullest extent permissible under law, you hereby release and agree to hold harmless Candy Digital, the MLB Entities (as defined below), the Players (as defined below), the Major League Baseball Players Association (“MLBPA”), MLB Players, Inc. (“MLBPI”), and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action, whether presently known or unknown, arising out of or in connection with participation in the Promotion any Promotion-related activity and/or receipt, possession, use or misuse of the Reward, 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 in any Promotion-related activity or receipt, possession, use or misuse of any NFT or reward. You further agree that in no event shall the Released Parties be liable for attorney’s fees. To the fullest extent permissible under law, you hereby irrevocably waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, in connection with the Promotion and/or your receipt, possession, use or misuse of the Reward or participation in the Promotion or in any Promotion-related activity. “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities. The “Players” means, collectively, the Major League Baseball Players Association (“MLBPA”) and MLB Players, Inc. (“MLBPI”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the MLBPA and/or MLBPI, and the owners, general and limited partners, shareholders, directors, officers, members, employees and agents of the foregoing entities, including each and every Major League baseball player.
3. Governing Law. These Program 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, the NLCS Game 4 Virtual Watch Party NFT (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., 222 Broadway, New York, NY 10038.
THE PROMOTION IS IN NO WAY SPONSORED, ADMINISTERED, EXECUTED OR PRODUCED BY ANY OF THE PLAYERS OR MLB ENTITIES. MLBPA AND MLBPI TRADEMARKS, COPYRIGHTED WORKS AND OTHER INTELLECTUAL PROPERTY RIGHTS ARE OWNED AND/OR HELD BY MLBPA OR MLBPI AND MAY NOT BE USED WITHOUT THE WRITTEN CONSENT OF MLBPA OR MLBPI. VISIT MLBPLAYERS.COM, THE PLAYERS CHOICE ON THE WEB. ALL RIGHTS RESERVED. MAJOR LEAGUE BASEBALL TRADEMARKS AND COPYRIGHTS ARE USED WITH PERMISSION OF MAJOR LEAGUE BASEBALL. VISIT MLB.COM.