Candy Digital – 2024 MLB All-Star Game Free Mint Crafting Challenge Reward Terms
Reward Terms & Conditions
OFFER GOOD UNTIL 5:00 PM ET ON JULY 24, 2024 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”), and wishing to participate in the 2024 MLB All-Star Challenge (the “Challenge”) agrees to be bound by 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 2024 MLB All-Star Game Free Mint Crafting Challenge (the “Challenge”), you must (i) go to the Website between 2:00 PM ET on July 9, 2024 and 7:30 PM ET on July 16, 2024 and collect either the 2024 All-Star Game American League Helmet non-fungible token (“AL NFT”) OR the 2024 All-Star Game National League Helmet non-fungible token (“NL NFT”) (the AL NFT and the NL NFT each, as the context so requires, an “All-Star Helmet”); and (ii) hold at least one (1) All-Star Helmet in your Candy Digital account (the “Eligibility Requirements”).
To complete the Challenge and receive a limited-edition variant of the 2024 MLB All-Star Helmet (the “Reward NFT”), from 11:00 AM ET on July 17, 2024 and by no later than 5:00 PM ET on July 24, 2024 (the “Challenge Week”), you must (i) collect and hold in your Candy Digital account and (ii) submit for burning (as defined below) a list (“Burn List”) containing the “Required Item”, as indicated below:
- Required Item: One (1) All-Star Helmet from the winning league of the 2024 MLB All-Star Game
For clarity, only participants that collected the All-Star Helmet corresponding to the winning league of the 2024 MLB All-Star Game (i.e., holders of the NL NFT in the event an MLB National League team wins the 2024 MLB All-Star Game and holders of the AL NFT in the event an MLB American League team wins the 2024 All-Star Game) are eligible to complete the Challenge and receive the Reward NFT. Within 30 days of the Challenge closing, the Reward NFT will be distributed to your Candy Digital account.
“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 meet the Eligibility Requirements and successfully complete the Challenge (the “Promotion”), the Reward NFT will be delivered to your Candy Digital account within 30 days of the Promotion 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, you must possess or establish a Candy Digital account and be located in a supported country. 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 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 Player Entities (as defined below) 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 or in any Promotion-related activity and/or receipt, possession, use or misuse of any 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 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 “Player Entities” 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 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 PROPOSED 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 PLAYER ENTITIES 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.