Must purchase one (1) 2024 MLB Postseason Gems Pack to receive one (1) 2024 MLB Postseason Gems Pack for free. Limited to the first 100 eligible customers only. First come first served and only while supplies last. Offer good until December 1, 2024 at 11:59PM ET. Limit one (1) per eligible customer. Offer limited to legal residents of the fifty (50) United States, District of Columbia and Canada (excluding Quebec), age eighteen (18) or older. Void where prohibited by law. For complete terms, go to https://candydigital.zendesk.com/hc/en-us/articles/31336897572635.
Promotion Terms & Conditions
OFFER GOOD UNTIL DECEMBER 1, 2024 AT 11:59PM ET. LIMITED TO THE FIRST 100 ELIGIBLE PURCHASERS ONLY. FIRST COME FIRST SERVED AND ONLY WHILE SUPPLIES LAST.
Any person (“you” or “your”) visiting www.candy.io (the “Website”), including those who purchase any items offered by Candy Digital, Inc. (“Candy Digital”), agrees to be bound by the following Terms & Conditions (“Promotion Terms”), as well as our Privacy Policy, Terms of Use, and any applicable additional terms (which are incorporated by reference herein).
1. Promotional Offer: To receive one (1) 2024 MLB Postseason Gems Pack, to be selected by Candy Digital in its sole discretion (the “Reward”), Eligible Purchasers (as defined below), must go to the Website and purchase a 2024 MLB Postseason Gems Pack (“Eligible Pack”) from November 29, 2024 at 12:00PM ET to December 1, 2024 at 11:59PM ET (the “Promotion Period”) on Candy Digital’s primary marketplace. An “Eligible Purchaser” is anyone who (i) is within the first 100 customers to purchase an Eligible Pack during the Promotion Period and (ii) holds the Eligible Pack in their Candy Digital account until the end of the Promotion Period. Limit of one (1) Reward per Eligible Purchaser. If you have technical or other difficulties, please contact us at fans@candy.io, so we may investigate.
If you qualify for this promotional offer (the “Promotion”), the Reward will be delivered to your Candy Digital account on or around December 2, 2024 (and in any event, 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 Reward recipient.
In order to receive the Reward, you must possess or establish a Candy Digital account and hold the Eligible Pack in your Candy Digital account until the end of the Promotion Period, and transfers (i.e., NFTs/Packs that are not purchased) will not be eligible to earn the Reward. 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 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 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 Promotion 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 Promotion Terms, and will not be eligible to receive the Reward. 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 at any time and for any reason, in its sole discretion, including should 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 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 (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 NFT. 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. “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.“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 Promotion 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., 7 World Trade Center, 250 Greenwich St., New York, NY 10007.
THIS 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.