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THE COINBASE WALLET NFT SWEEPSTAKES
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. A PURCHASE, TRANSACTION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
PARTICIPATING IN THE COINBASE WALLET NFT SWEEPSTAKES (THE “SWEEPSTAKES”) CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU REPRESENT AND WARRANT YOU MEET THE ELIGIBILITY REQUIREMENTS STATED IN THESE OFFICIAL RULES AND ACKNOWLEDGE THAT FAILURE TO MEET ALL ELIGIBILITY REQUIREMENTS WILL RESULT IN YOUR DISQUALIFICATION. THE SPONSOR/ADVERTISER IS THE SOLE DETERMINER OF SWEEPSTAKES COMPLIANCE. A COPY OF THESE OFFICIAL RULES WILL BE AVAILABLE FOR THE DURATION OF THE SWEEPSTAKES AT coinbase.com/sweepstakes/wallet_nft
THE SWEEPSTAKES BEGINS AT 12:00:01 PM PACIFIC TIME (PT) ON OCTOBER 20, 2021 AND ENDS AT 11:59:59 PM PT ON OCTOBER 26, 2021 (THE “ENTRY PERIOD”). SPONSOR’S COMPUTER SYSTEM IS THE OFFICIAL TIME-KEEPING DEVICE FOR THE SWEEPSTAKES.
The Sweepstakes is subject to all applicable federal, provincial, state and local laws and regulations. Void in Hawaii, the province of Quebec, Northern Ireland, and where prohibited by law.
The sponsor of the Sweepstakes is Coinbase Inc. whose registered office address is 100 Pine Street, Suite 1250, San Francisco, CA 94111 (the “Sponsor”). The administrator of the Sweepstakes is Ventura Associates International LLC whose registered office address is 494 Eighth Avenue, Suite 1700, New York, NY 10001 (the “Administrator”).
WHO MAY PLAY: The Sweepstakes is solely open to users of the COINBASE Wallet App (“Wallet”) who at time of entry and for the duration of the Entry Period: (i) are legal residents of the United States (excluding Hawaii) or the District of Columbia, Canada (excluding Quebec) or the UK (excluding Northern Ireland); (ii) are age 18 or older; (iii) have a Twitter account; and (iv) have a Wallet account (collectively referred to hereafter as the “Entrant” or the “Entrants”).
HOW TO QUALIFY FOR A CHANCE TO WIN: To qualify for one (1) entry into the Sweepstakes’ random drawing, an Entrant must do the following: i) Create a Coinbase Wallet Account and create a Wallet username if you do not already have one. ii) Sign into your Twitter account. iii) Follow @COINBASE; the Sponsor’s Official Twitter account on Twitter iv)Tweet your Wallet Username and the hashtag #CoinbaseWalletSweepstakes (which must be placed prominently at the beginning of the Tweet).
A Wallet account can be obtained for free by going to https://wallet.coinbase.com/ on an IOS or Android mobile device and clicking the appropriate download link for device type or by downloading Wallet from the Apple App Store or Google Play store. Creating a Wallet account will require the creation of a username and an email address.
For more on how to create or import an existing Coinbase Wallet account into Wallet please go to coinbase.com/sweepstakes/wallet_nft.
All Entrants must have a Wallet account for the duration of the Entry Period and at the time of awarding their prize.
Entrants must also have a Twitter account to enter. A Twitter account can be registered for free, at https://twitter.com. Data and usage rates may apply to download and use of the Twitter mobile application according to your agreement with your wireless carrier. The time the Twitter entry is received is the time the entry is made available to the Sponsor by the Twitter platform for the purposes of this Sweepstakes. Any entries that are hidden or removed by Twitter prior to the winner announcement are void.
Employees (or individuals who have been employed within the last twelve (12) months) by the Sponsor, the “Administrator and/or their respective parent companies, subsidiaries, affiliates, advertising, public relations and promotion agencies or any company or individual involved with the development or execution of the Sweepstakes including prize suppliers, content providers, mobile competitors (collectively, the “Sweepstakes Entities”), and their immediate family members and/or those living in the same household of each, whether related or not, are not eligible to enter the Sweepstakes or win the prize.
The person submitting the entry must be the authorized account holder of said Wallet account and Twitter account, otherwise the entry may be deemed void. You must not Tweet or otherwise share the Wallet Username of any other individual. Any person who shares the Wallet Username of another individual will be automatically disqualified from the Sweepstakes. Multiple Entrants must not share the same Twitter account. In the event of a dispute over the identity of a potential winner, the entry will be deemed to have been made by the authorized account holder of the Twitter account used for that entry. The “authorized email address account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. A potential winner may be required to submit identification sufficient to show he/she is the authorized Twitter entry account holder. Proof of submission of entry does not constitute proof of delivery of entry. There is a limit of one (1) entry per person. Multiple accounts may not be used and any entrant using multiple accounts will be disqualified.
RESTRICTIONS ON CONTENT OF ENTRIES: An Entrant must not post, share or otherwise communicate any Tweet which includes the following:
any content providing personally identifiable information about yourself or any third parties, such as an address, phone number or any contact information;
content in violation of third-party right including, but not limited to, copyright, trademark, right of publicity or any other proprietary right;
content that is libelous, defamatory, disparaging or tortious;
content that is sexually-explicit;
content referring to lotteries or gambling;
content including explicit or offensive language;
content advocating violence;
content advocating illegal activities;
content advocating tobacco, alcohol or drugs;
content advocating dangerous stunts;
content referring to weapons of any kind including, but not limited to, guns or bombs;
content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by federal, state, or local law, ordinance, or regulation;
any content that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the content is created; and
any content that denigrates, disparages or reflects negatively on the Sponsor, the Administrator, its services and products and/or its employees, or on any other person, company, services or product, or that disparages the Sponsor’s or Administrator’s competitors,
(collectively the “Content Restrictions”).
Any Tweet which does not comply with the Content Restrictions shall not constitute a valid entry to the Sweepstakes and the Entrant(s) responsible for such Tweet will be automatically disqualified.
During the Entry Period, you must disclose your relationship with the Sponsor in any online posts you make which reference the Sweepstakes, the Sponsor or any of its products or services by including the statement “I entered a Game sponsored by Coinbase” or similar language and “#CoinbaseWalletSweepstakes” in any such online posts (“Participation Disclosure”). If you win a prize, you will continue to disclose your relationship with the Sponsor in all online posts you make that reference the Sweepstakes, the Sponsor or any of its products or services by including the statement “I received a prize from Coinbase” or similar language and “#CoinaseWalletSweepstakes” in any such online posts (“Winner Disclosure”). If you do not comply with the requirements set out in this section, and you do not post the Participation Disclosure and/or Winner Disclosure (as appropriate) in any online posts which make reference to the Sweepstakes, the Sponsor or any of its products or services, your entry shall be disqualified and you shall not be entitled to receive a Prize.
You that, by your actions in posting any Tweet, your Tweet shall be publicly visible on Twitter, and you accept that your Tweet may be shared by third parties in various social media outlets and that neither the Sponsor, Administrator or Twitter is responsible for any reposting or other use of your Tweet by third parties.
LIMIT: One (1) entry per person/Twitter account during the Entry Period.Entries exceeding the entry limitation will be void. Use of any automated, robotic or similar methods or agents to participate is prohibited and will result in disqualification. Mechanically reproduced entries will be disqualified along with all entries associated with the disqualified entry or entries. The Sponsor is not responsible for lost, late, garbled, damaged, illegible, incomplete, inaccurate or misdirected entries. All entries submitted become property of the Sponsor and will not be acknowledged.
PRIZE: One (1) NFT:the Bored Ape Yacht Club #4609 (as described at: https://opensea.io/assets/0xbc4ca0eda7647a8ab7c2061c2e118a18a936f13d/4609/) will be awarded to the winner
The prize will be awarded directly to winner’s Coinbase Wallet. Value of NFT prize awarded is based on the actual NFT purchase price of $155,157.64.
DISCLOSURE: The actual value of the NFT is subject to change, it can go up or down and there is a substantial risk that the prize can lose value (possibly all value) as a result of buying, selling, or holding NFT.
No substitution or transfer of prize to a third party is permitted, other than sale of the prize by the Winner after the expiry of the Sweepstakes and in accordance with these Official Rules and the existing user terms of the Sponsor (available here [https://wallet.coinbase.com/terms-of-service]). The prize cannot be redeemed for cash value, except by Sponsor, who reserves the right in its sole discretion to substitute prize. If applicable, all investment gains and losses, taxes, fees, federal, state, local or other expenses relating to the use, acceptance, and possession of NFT prize, including any fees related to transferring prize to winner’s wallet, are the sole responsibility of winner. Sponsor shall have no further obligations to the winner after prize is awarded. An IRS Form 1099 will be filed in the name of the winner if the winner resides in the US. The winner is solely responsible for reporting and paying all taxes related to this prize. Winner is required to provide any tax reporting information (where applicable, such as a W-9 or 8BEN).
The Winner may sell the NFT after the expiry of the Sweepstakes.
ODDS: Odds of winning are dependent on the total number of eligible entries received during the Entry Period.
RANDOM DRAWING AND POTENTIAL WINNER NOTIFICATION/VERIFICATION: The winner will be selected via a random drawing on or about on October 27, 2021 by the Administrator whose decisions are final and binding (the “Winner”). The Winner will be notified on or about November 1, 2021 via direct message to the Winner’s Twitter account from the Sponsor’s official Twitter account (@Coinbase) with instructions on how to claim prize (the “Prize Notification”). The Winner must respond to the Prize Notification within [forty-eight (48) hours] of the time that the Prize Notification was sent by the Sponsor.
The Winner will be required to complete, sign and return to the Administrator and/or Sponsor an Affidavit/Declaration of Eligibility & Release of Liability and Publicity Release (the “Affidavit”) and complete and submit a W-9 Form if in the Unitieed States (collectively the “Winner Verification Documents”) within five (5) days of date specified on the Prize Notification. It the Winner does not provide the Winner Verification Documents within the time-frame stated in the Prize Notification and in these Official Rules an alternate winner may be selected at Sponsor’s sole discretion.
At the sole discretion of the Sponsor, disqualification, forfeiture and the determination of an alternate winner may result from any of the following:  a potential winner’s failure to respond to the Prize Notification within [forty-eight (48) hours] of its transmission by the Sponsor;  the failure of potential winner to receive notification due to deactivation of his/her Twitter;  a potential winner’s failure to become a follower of @Coinbase, resulting in the potential winner’s failure to receive a the Prize Notification from the Sponsor;  a potential winner’s Twitter account “protected mode” is set so his or her updates/responses may not be visible to Sponsor;  a potential winner’s failure to provide the Administrator and/or Sponsor with satisfactory proof of age, identity and residency;  a potential winner’s failure to validly claim the prize by the deadline set out in the Prize Notification and in these Official Rules, and  any other non-compliance with these Official Rules. In the event it is determined that a Winner has not complied with the Official Rules or has failed to execute and return any required documents (including the Winner Verification Documents) within the specified deadline or has made false statements or the Prize Notification is returned as undeliverable, such Winner will be disqualified and will be required to promptly return to Sponsor his/her prize.
Entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown and likeness for online posting and promotional purposes without further compensation, permission or notification, except where prohibited by law.
If the winner is a Canadian resident, he/she will be required to correctly answer a skill-based test question within a limited time period to be administered by DM in order to receive his/her prize or will disqualified and an alternate winner may be chosen.
Prize will be fulfilled within four (4) weeks of winner verification.
Winner acknowledges that Sponsor is subject to U.S. economic restrictions and trade sanctions and therefore Sponsor reserve the right to deny any distribution of prize when required by law.
LIMITATION OF LIABILITY, CONSENT AND RELEASE: The Sponsor is not responsible for (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; (ii) any injury or damage to Entrant’s or any other person’s computer and/or mobile device related to or resulting from participating in the Sweepstakes, or (iii) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or web site or violates these Official Rules. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
To the fullest extent possible in law, Entrants, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Entrant’s participation, acceptance and use or misuse of prize (if Entrant is determined the winner). The Sponsor is not responsible for any typographical or other error in the printing and/or advertisement of the Sweepstakes, administration of the Sweepstakes or in the announcement of prize. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, pandemic, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court, or other cause, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Furthermore, the Sponsor reserves the right to terminate the Sweepstakes if it becomes technically corrupted (including if an App/computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to determine winner from among all eligible entries received prior to termination. To the extent permitted by law, and except as otherwise set out below in respect of Entrants residing in the UK, Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use or redemption of prize (if Entrant is determined the winner).
For Entrants residing in the UK: Notwithstanding this section (Limitation of Liability, Consent and Release), nothing in these Official Rules shall be construed to limit or exclude any liability of the Released Parties for fraud, death or personal injury caused by the Released Parties’ negligence.
GOVERNING LAW AND JURISDICTION: To the extent permitted by law, and except as otherwise set out below in respect of Entrants residing in the UK, this Sweepstakes shall be governed by and interpreted under the laws of the State of California without regard to its conflicts of laws provisions. To the extent permitted by law, and except as otherwise set out below in respect of Entrants residing in the UK, each Entrant hereby agrees that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by Entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the Entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and Entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and Entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
By participating in this Sweepstakes, each Entrant expressively waives and relinquishes all rights and benefits afforded by California Civil Code 1542 and does so understanding and acknowledging the significance of this waiver. Section 1542 states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTIES.”
For Entrants residing in the UK: The above choice of law and jurisdiction (including the arbitration agreement and waivers) does not deprive Entrants of the protection under mandatory statutory provisions that cannot be waived under the law which would have otherwise been applicable.
WINNER Announcement: The confirmed winner’s first name, last initial, city, state/province /county and country will be announced on Sponsor’s official Twitter page on or around November 15, 2021.
THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH BORED APE YACHT CLUB, APPLE®, GOOGLE PLAY, AND/OR ANY SOCIAL MEDIA ENTITY, INCLUDING BUT NOT LIMITED TO TWITTER. YOUR USE OF TWITTER IS GOVERNED BY TWITTER’S PRIVACY NOTICE AND TERMS. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE TO RELEASE BORED APE YACHT CLUB, APPLE®, GOOGLE PLAY, AND TWITTER FROM ALL CLAIMS AND LIABILITY RELATED TO THIS SWEEPSTAKES.