Reward Terms & Conditions
OFFER GOOD UNTIL 9:00AM PT ON FEBRUARY 28, 2024, OR WHILE SUPPLIES LAST.
Any person (“you” or “your”) visiting www.candy.com (the “Website”), including those who purchase any items offered by Candy Digital, Inc. (“Candy Digital”), and wishing to participate in the 2024 DC Overdrive Bat Cowl Holder Crafting Challenge (the “Challenge”) agrees to be bound by the these Reward Terms & Conditions (the “Reward Terms”), as well as our Privacy Policy, Terms of Use, and any applicable additional terms (which are incorporated herein).
1. Promotional Offer and Eligibility: To be eligible to participate in the Challenge, at 9:00am PT on February 21, 2024 (the “Snapshot Time”) you must be deemed by Candy Digital, in its sole discretion, to hold in your Candy Digital account at least one (1) Candy Digital Bat Cowl NFT (“Bat Cowl NFT”) (the “Eligibility Requirements”). Upon satisfaction of the Eligibility Requirements and within the Challenge Week, Candy Digital will airdrop to your Candy Digital account one (1) Overdrive Cell v1: BETA Prototype Exclusive (“Overdrive Cell”) per one (1) Bat Cowl NFT held in your Candy Digital account at the Snapshot Time for use in the Challenge. If you choose not to participate in the Challenge, you may keep any Overdrive Cell(s) in your Candy Digital account. Overdrive Cells are not tradable on the DC NFT Marketplace.
To complete the Challenge and receive one (1) Bat Cowl-exclusive Legendary Justice League (2011-2016) #1 NFT (the “Reward NFT”), during the Challenge Week and by no later than 9:00am PT on February 28, 2024, you must (i) collect and hold in your Candy Digital account and (ii) submit for burning (as defined below) a list (“Burn List”) containing one of each of the “3 Required Items”, as follows:
- Required Item 1: One (1) of the following DC FanDome 2021 Collection Disks NFTs:
- Batman & The Court of Owls;
- John Stewart, Green Lantern;
- Diana of Themyscira, Wonder Woman; or
- Kal-El, Superman;
- Required Item 2: One (1) Justice League (2011-2016) #1 NFT; AND
- Required Item 3: One (1) Overdrive Cell.
“Burning” an NFT means to permanently destroy it. By participating in this offer, including by submitting a Burn List, you acknowledge and agree that you wish for the NFTs on the Burn List to be permanently destroyed or otherwise be taken out of circulation permanently by Candy Digital. You further acknowledge and agree Candy Digital has sole discretion as to how, and reserves full right, to affect the burning or otherwise take such NFTs out of circulation permanently, including by moving such NFTs to an inaccessible wallet which it controls. You acknowledge and agree that you understand that once a Burn List is submitted, it may not be possible to reverse such action and all NFTs on such Burn List may be destroyed or inaccessible permanently.
For clarity, all of the NFTs comprising the Burn List must be held in the same Candy Digital account. 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 Reward NFT(s) will be delivered to your Candy Digital account within 30 days of the offer closing. The Promotion is limited to adults who are (i) residents of jurisdictions where such promotions are legal and not prohibited and (ii) aged 18 or older. Subject to NFT Additional Terms. No substitutions or cash redemptions. Any applicable taxes (if any) are the sole responsibility of the Reward recipient.
In order to receive the Reward NFT(s), 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 Reward. You are advised that transferring or selling non-fungible tokens usually incurs a transaction fee. You must consult with its 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 Reward.
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 Reward, in its sole discretion.
Candy Digital reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, cheating, fraud or other causes beyond its control 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 each of Candy Digital, Major League Baseball and Major League Baseball Players Association, and each of 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 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 receipt or use of any Reward. 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 Reward (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.