Candy Digital – Candy x Kyle Tucker Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN AND NEITHER A PURCHASE NOR PAYMENT WILL INCREASE YOUR CHANCES OF WINNING.
Sweepstakes may only be entered in or from the fifty (50) United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States or the District of Columbia. THESE OFFICIAL RULES REQUIRE THAT YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
1. How to Enter. There are three (3) ways to enter the Candy x Kyle Tucker Sweepstakes (the “Sweepstakes”):
- to enter with purchase, you must (a) go to candy.com and collect or purchase at least one (1) of the following Kyle Tucker ICONs in any rarity: 2023 All-Star ICON non-fungible token (“NFT”), 2023 Candy Code Breaker ICON on-fungible token (“NFT”), 2022 Leadoff ICON on-fungible token (“NFT”), 2023 Showstopper ICON on-fungible token (“NFT”), 2022 All-Star ICON on-fungible token (“NFT”) from October 24, 2023 at 11AM EST to November 2, 2023 at 5PM EST (the “Promotion Period”) and (b) hold the NFT in your Candy Digital account until November 2, 2023 at 5PM EST. For clarity, each NFT of Kyle Tucker that you hold in your Candy Digital account on November 2, 2023 at 5PM EST grants one (1) entry into the Sweepstakes.
- to enter with purchase, you must (a) go to candy.com and collect or purchase at least one (1) 2023 Plays of the Week highlight NFT of Kyle Tucker or (1) 2022 Play of the Day highlight NFT of Kyle Tucker from October 24, 2023 at 11AM EST to November 2, 2023 at 5PM EST (the “Promotion Period”) and (b) hold the NFT in your Candy Digital account until November 2, 2023 at 5PM EST. For clarity, each 2023 Plays of the Week or 2022 Play of the Day highlight NFT of Kyle Tucker that you hold in your Candy Digital account on November 2, 2023 at 5PM EST grants one (1) entry into the Sweepstakes.
- to enter without purchase, mail a postcard to Sponsor (as defined below) at 222 Broadway, New York, NY 10038. You must include your first and last name, mailing address and primary email address, and state that you are entering the Sweepstakes. All entrants must have a valid email address and an account on www.candy.com (“Candy Digital Account”).
No more than one (1) person may use the same Candy Digital Account and each person is limited to a maximum of ten (10) aggregate entries. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Candy Digital Account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules, which will be final and binding in all matters relating to the Sweepstakes.
All entrants must have a valid email address and a Candy Digital Account to (i) enter the Sweepstakes and (ii) receive the prize. If you do not already have a Candy Digital Account, you may obtain one for free by visiting www.candy.com.
2. Start/End Dates. Sweepstakes begins at 11:00AM ET on October 24, 2023 and ends at 5:00PM ET on November 2, 2023 (the “Sweepstakes Period”).
3. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age and the age of majority in their state of residence. Void outside of the fifty (50) United States, the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Candy Digital, Inc. (“Sponsor”), the MLB Entities (as defined below) and its subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States or the District of Columbia. All federal, state and local laws and regulations apply. “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., 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.
4. Random Drawing/Odds. Winner will be selected in a random drawing from all eligible entries received on or around November 6, 2023. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by a representative of Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
5. Prize: One (1) winner will each receive one (1) signed Kyle Tucker baseball, as determined by the Sponsor in its sole discretion. Total approximate retail value of each prize (“ARV”): $125. Total ARV of all prizes combined: $125.
Prize is non-transferable. No substitutions or cash redemptions. In the case of unavailability of the prize or any portion thereof, Sponsor reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of winners. Limit one (1) prize per person.
6. Winner Notification. Winner will be notified by email. Winner may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within five (5) days of prize notification. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
7. Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, THE MLB ENTITIES AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in the Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
8. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RELATING TO THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE SWEEPSTAKES AND/OR THE SWEEPSTAKES ITSELF AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Governing Law. These Terms shall be governed by the laws of the State of New York.
11. 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 Sweepstakes constitutes your acceptance of this Arbitration provision.
As a condition to participating in the Sweepstakes, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Sweepstakes and/or a prize (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.
12. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s Privacy Policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
13. Name of Winner. To obtain the name of the winner, send a self-addressed, stamped envelope by July 23, 2023 to: Candy Digital, Attn: Candy x Kyle Tucker Sweepstakes, 222 Broadway, New York, NY 10038.
14. Sponsor. 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 ANY 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.