4. Promotion Period.
This Promotion begins at 8:00 a.m. U.S. Eastern Time ("ET") on December 9, 2020 and ends at 1:00 p.m. ET on December 16, 2020 ("Promotion Period"). Sponsor's computer is the official time-keeping device. All entries must be submitted and received during the Promotion Period. Odds of winning depend on the number and timing of entries submitted during the Promotion Period.
In order to be eligible for this Promotion and a Prize, Participant must (i) be at least the age of majority in their jurisdiction of residence; and (ii) be otherwise eligible to participate in this Promotion under the applicable law of Participant's jurisdiction. Sponsor reserves the right to amend or close the Promotion and any of its terms at any time, with or without notice.
. There will be three winners ("Winners"). The Winners will receive a one-time prize of Bitcoin in an amount equal to the product of multiplying the average price of Stacks tokens (STX) denominated in USD and the average price of Bitcoin denominated in USD from the data provider CoinMarketCap on December 16, 2020 ("Prize"). Sponsor will pay the Prize directly to the Winners.
The actual retail value of the Prize is dependent on the average price of Stacks tokens and the average price of Bitcoin on December 16, 2020. A potential winner must communicate with Sponsor via Sponsor's preferred method (including phone or email) to provide all information requested by Sponsor and take all necessary steps to enable fulfillment of the Prize, including but not limited to providing Sponsor with a valid Bitcoin wallet address and any necessary information required by law (for example, a Form W-9 from the U.S. Internal Revenue Service). No substitution, assignment, or transfer of the Prize is permitted, except by Sponsor, who has the sole right to substitute the Prize with another of comparable or greater value. Winner is responsible for all taxes, charges, and fees associated with the receipt and use of the Prize.
7. Determining Winners.
Sponsor will select the Winners in a random drawing shortly after the end of the Promotion Period. Sponsor will notify the Winners by email or other contact information associated with the Winner's entry or by other means provided within the submitted information within approximately ten (10) days following the completion of the Promotion Period. Sponsor is not responsible for any delay or failure by the Winners in receiving notification for any reason, including inactive email accounts, technical difficulties associated therewith, or a Winner's failure to adequately monitor any account. Each Winner must then respond to Sponsor's notification and provide any information requested by Sponsor within fourteen (14) days. If a Winner should fail to respond to Sponsor, Sponsor reserves the right to disqualify the Winner and select a new Winner but is not required to do so. By entering, the Winners agree to a criminal and personal social media background investigation during the winner notification process. In the event a criminal background investigation reveals any criminal record, Sponsor reserves the right, at its sole discretion, to disqualify a Winner. In the event a Winner's personal social media investigation reveals any content that is a violation of law, false or misleading, defamatory, libelous, disparaging, inappropriate, or suggestive of any message or image that is inconsistent with Sponsor's positive image or good will with which Sponsor wishes to associate, Sponsor reserves the right, at its sole discretion, to disqualify the Winner. The Winners may be required to sign an affidavit of eligibility, liability release, and a publicity release.
8. Conditions of Participation.
By participating, you agree to abide by these terms and conditions and any decision Sponsor makes regarding this Promotion (including awarding of any Prize), which Sponsor shall make in its sole discretion. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any Participant or Winner who, in Sponsor's reasonable suspicion, tampers the entry or Promotion process, intentionally submits more than one entry, violates these terms and conditions, or acts in an unsportsmanlike or disruptive manner.
9. Disqualification and Termination.
Participants found engaging in any of the following activities may be disqualified and ineligible for any prize: (i) tampering with, disrupting, or attempting to disrupt, or any unauthorized use, misuse or abuse of any aspect of an entry or the Promotion; (ii) violating any applicable law; (iii) allowing any unauthorized person to use your email address or other account related to an entry; (iv) attempting to perpetuate fraud on the entry through multiple entries, false identification or email addresses, false registration, false impersonation, false information provided, or any other means; (v) failing to provide complete and accurate information required for payment or tax reporting purposes; or (vi) for any other breach of these terms and conditions. Termination for any of these reasons may also subject Participant to civil and criminal penalties and may result in legal action. Sponsor may invalidate participation in an entry if Sponsor believes, in its sole discretion, that the Participant does not meet eligibility requirements.
10. Disclaimer, Release and Limitation of Liability.
SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY PARTICIPATING IN THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM PARTICIPANT'S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. If for any reason a Participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all Participants up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these terms and conditions to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Sponsor reserves the right to cancel, amend, or suspend the Promotion at any time, with or without prior notice, including if the Promotion encounters any unexpected problems.
11. Privacy and Use of Promotion Information.
12. GOVERNING LAW AND DISPUTES. THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF LOS ANGELES, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA, UNITED STATES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
13. Winner List.
Individuals may request the name of winner by submitting a self-addressed stamped envelope prior to January 7, 2021 to Blockstack PBC, Attn: Twitter Promotion Winner Request List, 101 W 23rd St Ste 224, New York, NY 10011. Vermont residents may omit postage.