Crypto will conduct the Giveaway (the “Giveaway”) substantially as described in these rules. By entering or participating, each entrant or participant (“Entrant”) agrees unconditionally to be bound by these official rules (the “Official Rules”) and the decisions of Crypto, which are final and binding in all respects to the Giveaway. Eligibility to receive any items from the Giveaway is contingent upon fulfilling all requirements set forth herein.
- Eligibility: Unless otherwise specified, the Giveaway is open only to persons: (i) who are eighteen (18) years of age or older at the time of entry; (ii) who are not residents of Australia Capital Territory, Northern Territory, South Australia, or New South Wales; and, (iii) who have an active e-mail account and Internet access prior to the beginning of the Entry Period (defined below). VOID WHERE PROHIBITED. Employees, officers and representatives, and the immediate family members of such employees, officers and representatives (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Crypto or its affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Giveaway (collectively, the “Giveaway Entities”) are not eligible to enter.
- How To Enter: The Giveaway will begin and end at the times specified by Crypto (the “Entry Period”). Entry methods for the Giveaway will be specified by Crypto and all entries must be received during the Entry Period. Entries must be submitted during the Entry Period in order to be eligible for the Giveaway. Crypto shall have the sole and final decision regarding timekeeping for entry in the Giveaway. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply.
When submitting an entry, Entrant is required to provide complete and truthful information. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway at Crypto’s sole and absolute discretion. Entries submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person’s agents. Crypto will disqualify any entry from individuals who do not meet the eligibility requirements. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of Crypto.
Only one (1) entry is permitted per person. Multiple entrants are not permitted to share the same email address. Any attempt by any person to enter the Giveaway more than one (1) time by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Crypto and its affiliates, and their respective officers, directors, employees, contractors and agents are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.
By entering the Giveaway, Entrant: (a) agrees to be bound by these Official Rules and by the interpretation of these Official Rules by Crypto and by the decisions of Crypto, which are final and binding in all respects; (b) acknowledges compliance with these Official Rules; and
(c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations. Winning the Giveaway Item (defined below) is contingent upon fulfilling all requirements set forth in these Official Rules. GIVEAWAY IS VOID WHERE PROHIBITED.
- Giveaways: The item(s) for the giveaway will be specified by Crypto (the “Giveaway Item”). The approximate total retail value of the Giveaway Item is as listed below:
One (1) signed LeBron James ‘6’ LA Lakers jersey US$12,500 (approx. AU$18,000)
There is a limited number of items for the giveaway and hence the odds of receiving the item for the giveaway will depend on the number of Eligible Entries received during the Entry Period. Odds of winning depend on the total number of Eligible Entries received during the Entry Period.
If for any reason the Giveaway Item, or any part of the Giveaway Item, is unavailable or there is a delay in receiving the Giveaway Item or a related event is delayed, cancelled or postponed, or for any other reason, Crypto reserves the right to modify the Giveaway Item in its sole discretion and award a substitute Giveaway Item, or portion of the Giveaway Item, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Giveaway Item, or any portion thereof, is permitted by the Selected Entrant. Crypto and the Giveaway Entities shall have no responsibility or obligation to a selected Entrant who is unable or unavailable to, or who does not for any reason, accept or utilize the Giveaway Item. In the event a selected Entrant cannot accept the Giveaway Item, an alternate Entrant will be randomly drawn from all remaining Eligible Entries. All costs and expenses not specifically listed above as part of the Giveaway Item are solely the Selected Entrant’s responsibility. Selected Entrant agrees to comply with any additional terms and conditions applicable for attending the Event. The Giveaway Items are provided “as is”. Entrants acknowledge that Crypto and the Giveaway Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Giveaway Items, including any implied warranty of merchantability of fitness for a particular purpose. NOTHING IN THESE OFFICIAL RULES EXCLUDES OR PURPORTS TO EXCLUDE ANY STATUTORY CONSUMER GUARANTEES PROVIDED UNDER AUSTRALIAN LAW THAT CANNOT BE EXCLUDED BY LAW. Any Giveaway Items pictured in advertising and other Giveaway materials are for illustrative purposes only.
The value of the Giveaway Item may be taxable to the Selected Entrant as income. All federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the Giveaway Item not specifically provided for in these Official Rules are solely the Selected Entrant’s responsibility (regardless of whether the Giveaway Item, in whole or in part, is used).
- Entrant Selection and Notification: The potential “Selected Entrant” or “Selected Entrants” of the Giveaway Item in the Giveaway will be determined according to the method specified by Crypto in Crypto’s sole and exclusive discretion.
The Giveaway Item will be awarded to the authorized account holder of the email address submitted with the entry regardless of the individual who submitted the winning entry. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses. Each potential Selected Entrant will be notified within two (2) days of the random draw by email (at the email address provided with the entry), by phone (at the phone number provided with the entry), or such other method specified by Crypto, and will be required to confirm his/her email address and/or phone number.
Additionally, Crypto and the Giveaway Entities reserve the right to make a public announcement, announcing the Selected Entrant on either the Crypto website, through the Crypto App, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate. If the Selected Entrant cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within one (1) day (or such other time specified by Crypto) from when the initial notification email is sent, the Selected Entrant forfeits the Giveaway Item, and an alternate Selected Entrant will be selected. If the alternate Selected Entrant does not comply with these Official Rules or is otherwise unable to accept the Giveaway Item, the Giveaway Item is forfeited and another alternate Selected Entrant will be selected. This Selected Entrant selection and notification process shall be continued until a Selected Entrant is confirmed. If the Giveaway Item or a Selected Entrant notification is returned as undeliverable, the Giveaway Item will be forfeited and an alternate Selected Entrant will be selected.
- Selected Entrant Verification: The Selected Entrant may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of his/her passport or similar government issued identification within two (2) hours after being notified of being a potential Selected Entrant.
The Selected Entrant (or any alternate Selected Entrant if one must be selected) is not official and shall not be confirmed as the Selected Entrant until he/she has provided information and completed, signed and returned all documentation required by Crypto, in its sole judgment. If the Selected Entrant (or any alternate Selected Entrant) (a) cannot be contacted; (b) refuses to accept the Giveaway Item or the selection as Selected Entrant; (c) does not complete or return all forms, documents, certifications and/or releases required by Crypto, in its sole discretion, within the time given and/or in the event of non-compliance by the Selected Entrant (or alternate Selected Entrant); or (d) of Crypto determining, in its sole discretion, that the potential Selected Entrant is not eligible to participate in the Giveaway or to win the Giveaway Item, such Selected Entrant (or alternate Selected Entrant) shall be disqualified and shall forfeit the Giveaway Item, and all privileges otherwise due as a Selected Entrant shall be terminated and an alternate Selected Entrant will be randomly drawn by Crypto from among all of the remaining Eligible Entries. All guests in attendance with a Selected Entrant, if applicable, must also execute all applicable documents prior to any participation or such guest(s) will not be permitted to participate.
Provided that the Selected Entrant is in compliance with the Official Rules and after having successfully proven eligibility, the Selected Entrant will be officially confirmed as the Selected Entrant. Crypto expressly reserves the right to delay the announcement of the Selected Entrant for any reason it deems necessary. In addition, Crypto reserves the right to select an alternate Selected Entrant in the event that any Selected Entrant fails to comply with these Official Rules.
- Liability Release and Indemnity: THE GIVEAWAY ITEM IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY CRYPTO.COM OR ANY GIVEAWAY ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL CRYPTO.COM OR ANY GIVEAWAY ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE GIVEAWAY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CRYPTO.COM AND/OR OTHER GIVEAWAY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By entering the Giveaway, Entrant agrees to indemnify, defend, and hold harmless, Crypto and any other Giveaway Entities from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Giveaway, (ii) without limitation, death, or property damage,
arising directly or indirectly from the acceptance, possession, misuse or use of the Giveaway Item, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Giveaway or acceptance and use or the Giveaway Item, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Giveaway, the Giveaway Item, or Crypto’s advertising and marketing related to the Giveaway, Entrants or the Selected Entrant, in all cases, including but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Giveaway), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt or use of any Giveaway Item. Entrant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in the Giveaway, or the acceptance, receipt, or use of the Giveaway Item or any Giveaway Item component. Entrant further agrees that in any cause of action, Crypto and/or the Giveaway Entities’ liability will be limited to the value of the Giveaway Item, and in no event shall the Giveaway Entities be liable for attorney’s fees.
Crypto and the Giveaway Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Giveaway, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Giveaway, or other errors appearing within the Official Rules or in the Giveaway related advertisements. Crypto and the Giveaway Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Giveaway, errors in processing entries, identifying the Selected Entrant, in the announcement of the Giveaway Item and Selected Entrant, the delivery of the Giveaway Item, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site including crypto.com, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Giveaway. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Crypto reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Giveaway; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Selected Entrant, Crypto or the Giveaway Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Giveaway; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A SELECTED ENTRANT WILL RESULT IN SUCH SELECTED ENTRANT’S DISQUALIFICATION AS A SELECTED ENTRANT OF THE GIVEAWAY AND ALL PRIVILEGES AS A SELECTED ENTRANT WILL BE IMMEDIATELY TERMINATED.
- Grant of Rights. Except where prohibited by law, by entering the Giveaway and/or winning the Giveaway Item, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Entrant (if true) and any video footage related to the Giveaway Item, for all Giveaway Entities’ advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation and additionally consents to the Giveaway Entities putting his or her name on a Selected Entrant’s list. Please note that Crypto may not acknowledge or return any entries.
- General Terms. The Giveaway Entities are not responsible if the Giveaway cannot take place, or if the Giveaway Item cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Giveaway Entities. If, for any reason the Giveaway is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Giveaway Entities, which, in Crypto’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Giveaway, Crypto reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Giveaway or any part of the Giveaway. If the Giveaway or any part of the Giveaway is terminated or modified prior to the closing of the Entry Period, notice will be posted on crypto.com. Crypto reserves the right to modify and amend these Official Rules from time to time during the Entry Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, CRYPTO.COM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Privacy: All information submitted by Entrants and collected by Crypto in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Crypto’s Privacy Notice available at: https://crypto.com/privacy/australia. By participating in the Giveaway, Entrant hereby agrees that Crypto may collect and use his or her personal information submitted with the entry, and acknowledges that he or she has read and accepted the Crypto Privacy Notice. Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Crypto and its products and/or services.
- Binding Arbitration: Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE GIVEAWAY OR ANY GIVEAWAY ITEM AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any questions regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English; (3) unless both Entrant and Crypto agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (4) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (5) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Crypto in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of Victoria, Australia without giving effect to any choice of law or conflict of laws rules.
- Accessibility of Official Rules and Selected Entrants List: The terms and conditions relating to validly submitting an entry to the Giveaway are available separately via the relevant campaign blog post. Where required by law, Crypto will provide the name of Selected Entrant(s) of a Giveaway to those who request it. Requests for the list of Selected Entrants shall be emailed to Crypto at [email protected] within twenty-eight (28) days of the end of the Entry Period start date.
- Sponsored and Administered by: Giveaway subject to these Official Rules are sponsored and administered by the relevant Crypto entity that provides you with relevant Crypto App services.