Reward Terms & Conditions
OFFER GOOD UNTIL 2:00 PM ET ON OCTOBER 25, 2024 OR WHILE SUPPLIES LAST. ALLOW UP TO NINETY (90) DAYS FOR REWARD DELIVERY.
Any person (“you” or “your” or a “user”) 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 Inaugural Mark - Emerald Crafting Challenge (the “Challenge”) 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 and Eligibility: To be eligible to participate in the Challenge, you must hold in your Candy Digital account at least one (1) of each of the following 2024 Inaugural Mark NFTs: (i) Dylan Crews - First Hit, (ii) Jackson Chourio - First Hit, (iii) Jackson Holliday - First Hit, (iv) James Wood - First Hit, (v) Jung Hoo Lee - First Hit, (vi) Paul Skenes - Debut, (vii) Wyatt Langford - First Hit, AND (viii) Yoshinobu Yamamoto - Debut (the “Eligibility Requirements”). To complete the Challenge and receive one (1) pack (“the “Reward NFT Pack”) containing eight (8) 2024 Inaugural Mark - Emerald variants (the “Reward NFTs”) of the Required Items (as defined below), during the Challenge Week and by no later than 2:00pm ET on October 25, 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 “Required Items”, as follows:
- Required Item 1: One (1) 2024 Inaugural Mark Dylan Crews - First Hit;
- Required Item 2: One (1) 2024 Inaugural Mark Jackson Chourio - First Hit;
- Required Item 3: One (1) 2024 Inaugural Mark Jackson Holliday - First Hit;
- Required Item 4: One (1) 2024 Inaugural Mark James Wood - First Hit;
- Required Item 5: One (1) 2024 Inaugural Mark Jung Hoo Lee - First Hit;
- Required Item 6: One (1) 2024 Inaugural Mark Paul Skenes - Debut;
- Required Item 7: One (1) 2024 Inaugural Mark Wyatt Langford - First Hit; AND
- Required Item 8: One (1) 2024 Inaugural Mark Yoshinobu Yamamoto - Debut.
For clarity, each of the Reward NFTs will be a limited-edition, emerald variant of the corresponding Required Item listed above. Within 30 days of the Challenge closing, the Reward NFT Pack will be distributed to your 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, and such account shall only be for the benefit of the account holder and shall only hold NFTs owned by such account holder. 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 Pack 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. No substitutions or cash redemptions. Any applicable taxes (if any) are the sole responsibility of the Reward NFT Pack recipient.
In order to receive the Reward NFT Pack, 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 NFT Pack. You are advised that transferring or selling non-fungible tokens 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 receipt, possession, use, misuse and/or value of any Reward NFT.
2. General Conditions: Candy Digital reserves the right in its sole discretion to not redeem the Reward NFT Pack 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. Individuals who loan, share, pool together or otherwise temporarily transfer assets in collaboration with another account, whether for the purposes of this Promotion or otherwise, will be in violation of our Terms of Use and these Reward Terms, and will not be eligible to receive the Reward NFT Pack. 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 NFT Pack, 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 NFT, 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 NFT Pack. 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 NFT Pack and/or Reward NFTs 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. “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, the Reward NFT Pack and/or the Reward NFTs (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. Sponsor. Candy Digital, Inc., 7 World Trade Center, 250 Greenwich St., New York, NY 10007.
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.