MoonDAO™ Ticket to Space Sweepstakes Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The MoonDAO™ Second Ticket to Space Sweepstakes (the “Promotion”) is sponsored by MoonDAO DAO LLC d/b/a MoonDAO (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following MoonDAO™ Second Ticket to Space Sweepstakes Rules (the “Rules”). Please review the Rules carefully. If you do not agree to the terms and conditions of the Rules in their entirety, you are not permitted to enter the Promotion. This Promotion may be canceled or postponed by Sponsor, at any time in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19) or other similar circumstances.
ELIGIBILITY
The Promotion is open only to individuals who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Florida, New York, Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Sponsor, Blue Origin, LLC (“Blue Origin”), and each of the foregoing’s respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Rules may request a printed copy by writing to: MoonDAO, Attn: MoonDAO Second Ticket to Space Sweepstakes, PO Box 460446, San Francisco, CA 94146. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
Blue Origin® is a registered trademark of Blue Origin, LLC (“Blue Origin”). Please be advised that Sponsor is not in any way affiliated with Blue Origin, and the Promotion is not endorsed, administered or sponsored by Blue Origin.
LIMITED TIME ONLY
The Promotion period (“Promotion Period”) begins at 8:00:00 a.m. Pacific Standard Time (“PST”) on December 15th, 2023, and ends at 11:59:00 p.m. PST on January 12th, 2024 (“Promotion End Date”). Entries must be received prior to the expiration of the Promotion Period to be eligible for a Prize.
HOW TO ENTER
(a) Prior Participation and Ownership Entries. Prospective entrants that participated in the first MoonDAO™ Ticket to Space Sweepstakes (“First Sweepstakes”) and that still possess the “Ticket to Space NFT” issued in connection with the First Sweepstakes (collectively, “Prior Participation and Ownership”) can gain entry into the Promotion upon our verification of Prior Participation and Ownership. Each prospective entrant wishing to enter the Promotion via Prior Participation and Ownership must connect their wallet application (“Wallet”) to the web application made available by MoonDAO™ in connection with the same. MoonDAO™ must be able to verify, through such prospective entrant’s Wallet that: (i) the prospective entrant was a participant in the First Sweepstakes; and (ii) the prospective entrant still holds, in the same Wallet, the Ticket to Space NFT (collectively, “Prior Participation Verification”). Upon successful completion of the Prior Participation Verification process, each prospective entrant must then provide Sponsor with her/his name (“Full Name”). Each prospective entrant that successfully completes the Prior Participation and Ownership process shall receive, the specially designated non-fungible token associated with the Promotion (“Promotion NFT”), which grants the entrant one (1) entry in the Promotion (each, an “NFT Prior Owner Entry”), up to a maximum of one (1) NFT Prior Owner Entry.
(b) Newly Acquired NFT Entries. Each prospective entrant wishing to enter the Promotion through the acquisition of a Promotion NFT must already have or, if not, obtain, a Wallet that is capable of holding the Promotion NFT which will be launched and stored on the Ethereum blockchain. Prospective entrants that possess the required Wallet shall have an opportunity to purchase up to fifty (50) Promotion NFTs, for the price of twenty thousand (20,000) $MOONEY each. Upon the successful purchase of a Promotion NFT, each prospective entrant shall each receive one (1) one entry in the Promotion (each, an “NFT Purchase Entry”). In order to purchase a Promotion NFT, each prospective entrant must provide Sponsor with her/his Full Name, and pay the associated Gas Fees. For purposes of these Rules, the “Gas Fees” shall mean the amount of: (i) ETH charged by Ethereum; or (ii) Matic charged by Polygon, as applicable. Gas Fees are determined by the then-current demand on the Ethereum or Polygon blockchain, as applicable, at the time of a given transaction.
(c) Alternative Means of Entry. As an alternative means of entry in the Promotion, each prospective entrant may submit a mail-in entry in the form of a handwritten self-addressed, stamped envelope that contains the AMOE Registration Data, as defined below (each, an “AMOE Entry Submission”). Prospective entrants that submit a valid AMOE Entry Submission will receive ten (10) Promotion NFTs via airdrop into their Wallets and shall each receive ten (10) entries in the Promotion (each, an “AMOE Entry,” and together with the NFT Prior Owner Entries and NFT Purchase Entries, the “Entries”), up to a maximum of fifty (50) AMOE Entries. To complete an AMOE Entry Submission, each prospective entrant must legibly handwrite (no typing allowed) on a piece of paper included in the AMOE Entry Submission her/his: (i) Full Name; (ii) mailing address; (iii) telephone number; and (iv) Wallet address (collectively, “AMOE Registration Data”). Prospective entrants must mail their AMOE Entry Submissions to: MoonDAO, Attn: MoonDAO Second Ticket to Space Sweepstakes, PO Box 460446, San Francisco, CA 94146. All AMOE Entry Submissions must be postmarked no later than January 15th, 2024, to be eligible to receive Entries. Any improperly submitted AMOE Entry Submissions (i.e., any potential AMOE Entry Submissions having invalid or incomplete AMOE Registration Data) will be VOID.
(d) Entry Limits/General Provisions. Each entrant’s Wallet must be maintained in good standing throughout the Promotion Period to remain eligible to receive a Prize. Entrants may not own more than fifty (50) Promotion NFTs on the Snapshot Date (as defined below). Any prospective entrant that owns more than fifty (50) Promotion NFTs on the Snapshot Date will be automatically disqualified from participation in the Promotion. The total combined number of Entries obtained during the Promotion Period per entrant may not exceed fifty (50) in the aggregate. By way of example, if an entrant obtains fifty (50) Promotion NFTs from the NFT Purchase Entry process during the Promotion Period, that entrant will not be permitted to also obtain Promotion NFTs from the AMOE Entry process during the Promotion Period. Multiple individuals are not permitted to share the same Wallet. Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different Wallets, e-mail addresses, identities, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Sponsor is not responsible for Entries, notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. Entrants who are potential Prize winners may be required to provide some or all of the following: (i) Social Security Number; (ii) Photo ID; and (iii) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data” and together with the AMOE Registration Data, each entrant’s Full Name and each entrant’s Wallet address, the “Registration Data”). SPONSOR IS NOT RESPONSIBLE FOR ENTRIES, PROMOTION NFTS, WALLETS, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO OBTAIN AN ENTRY FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR A PRIZE.
(e) Cheating, Fraud and Abuse. By participating in the Promotion as an entrant, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Promotion. Anyone who engages in, participates in, or displays behavior that may be interpreted, in Sponsor’s sole discretion, as unfair methods of participating in the Promotion as an entrant including, but not limited to, the use of multiple Wallets, the use of unauthorized or altered software or hardware to assist entry (e.g., scripts, bots, bot nets, and collusion with bots), intentionally giving other entrants a competitive advantage, Collusion (as defined below) with any other entrant(s), harassment of other entrant(s), breach of these Rules, or any other act (whether through the use of automated technology or otherwise) that unfairly alters an entrant’s chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanctions (as determined by Sponsor in Sponsor’s sole discretion), which may include, without limitation: (i) immediate MoonDAO™ membership termination and blocking of access to the MoonDAO™ community; (ii) any Prize that the applicable entrant may otherwise have been entitled to receive shall be void and forfeited; and (iii) any Prize received by the applicable entrant shall be subject to disgorgement and/or recoupment. In addition to the foregoing, Sponsor reserves the right to disclose or report any illegal activity to law enforcement and regulatory authorities. Without limiting Sponsor’s other available remedies, Sponsor may institute or seek any injunctive relief, civil and/or criminal proceedings against any entrant and/or any co-conspirators arising out of or related to the commission of Abuse including, without limitation, recovering all of Sponsor’s fees and expenses (including reasonable attorneys’ fees) in connection with such efforts. For purposes of these Rules, “Collusion” shall mean where two (2) or more entrants or MoonDAO™ members collaborate or adopt a strategy (before, during or after the Promotion Period) in order to mutually gain an advantage, give an advantage to one (1) entrant, and/or harm other entrants.
IDENTIFICATION OF ENTRANTS
Each Entry will be identified by the applicable Wallet address and Full Name as collected and stored in the Promotion Database. For purposes of these Rules, the “Promotion Database” is defined as the entire list of valid Entries recorded at 11:59:00 p.m. PST on January 12th, 2024 (”Snapshot Date”). Sponsor will stop accepting Entries on the Promotion End Date.
HOW TO WIN A PRIZE
Within two (2) weeks of the Snapshot Date, MoonDAO™ will randomly (using a Chainlink smart contract to generate a random list of potential winners) select ten (10) Entries from the Promotion Database, selected in order from one (1) to ten (10), as potential Prize winners (collectively, “Prize Winner Selection”). The first potential Prize winner selected will be the potential Grand Prize (as defined below) winner. Entrants shall not be eligible to win more than one (1) Prize. Where the same entrant is selected more than once during the Prize Winner Selection Process, an additional potential winner will be selected for the subject Prize. The second potential Prize winner selected will be the potential Runner Up Prize (as defined below) winner. The third potential Prize winner selected will be the potential Second Runner Up Prize (as defined below) winner. The fourth and fifth potential Prize winners selected will be the potential Third Runner Up Prize (as defined below) winner. The sixth, seventh, eighth, ninth, and tenth potential Prize winners selected will be the potential Fourth Runner Up Prize (as defined below) winner. The potential Prize winners will be notified by the publication, within one week of the Snapshot Date, of their respective Wallet addresses on Sponsor’s Discord® channel. The potential Prize winners shall be subject to eligibility verification. The potential Prize winners will be required to provide Prize Winner Data and may be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and, where so required, return such Affidavit within seven (7) days following the Prize Winner Selection. In addition, potential Prize winners may be required to provide Photo ID, proof that they are able to travel to the United States during the dates applicable to the Grand Prize and proof that they are the entrants that obtained the applicable potential winning Entries. Potential Prize winners may also be required to submit to confidential background checks to confirm eligibility and ensure that the use of any such person in advertising, promotion or publicity, will not pose a security threat or bring Covered Parties (as defined below) into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Covered Parties as determined by Sponsor in its sole discretion, and, in the event of such an eventuality, the applicable Prize may be forfeited.
Non-compliance by a potential Prize winner within the aforementioned time period may result in forfeiture of the subject Prize, with an alternative Prize winner selected. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the subject Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification provided by Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period.
Each potential winning Prize Entry, as well as the associated information of the applicable potential Prize winner, must identically match the records maintained by Sponsor in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Entries will be deemed made by the person who owns the subject Wallet associated with each Entry.
Where the Grand Prize winner forfeits the Grand Prize and/or is disqualified for any reason, the second Prize winner selected during the Prize Winner Selection process shall be deemed the potential Grand Prize winner. If the second Prize winner selected during the Prize Winner Selection process forfeits the Grand Prize and/or is disqualified for any reason, the third Prize winner selected during the Prize Winner Selection process shall be deemed the potential Grand Prize winner, and so on and so forth.
Discord® is a registered trademark of Discord Inc. (“Discord”). Please be advised that Sponsor is not in any way affiliated with Discord, and the Promotion is not endorsed, administered or sponsored by Discord.
PRIZE DESCRIPTION
(a) Alternate Prizes.
(i) Runner Up Prize. The second potential Prize winner selected will receive a special, Promotion-related $MOONEY airdrop in the amount of two hundred thousand (200,000) $MOONEY (the “Runner Up Prize”). The approximate retail value (“ARV”) of the Runner Up Prize is Two Hundred Dollars ($200.00). The Runner Up Prize winner will not receive the difference between the actual Runner Up Prize value and the ARV. The $MOONEY NFTs made available in connection with the Runner Up Prize may contain terms, conditions and restrictions as established by Sponsor, in its sole discretion.
(ii) Second Runner Up Prize. The third potential Prize winner selected will receive a special, Promotion-related $MOONEY airdrop in the amount of one hundred thousand (100,000) $MOONEY (the “Second Runner Up Prize”). The approximate retail value (“ARV”) of the Second Runner Up Prize is One Hundred Dollars ($100.00). The Second Runner Up Prize winner will not receive the difference between the actual Second Runner Up Prize value and the ARV. The $MOONEY NFTs made available in connection with the Second Runner Up Prize may contain terms, conditions and restrictions as established by Sponsor, in its sole discretion.
(iii) Third Runner Up Prizes. The fourth and fifth potential Prize winners selected will each receive a special, Promotion-related $MOONEY airdrop in the amount of fifty thousand (50,000) $MOONEY (the “Third Runner Up Prize”). The approximate retail value (“ARV”) of each Third Runner Up Prize is Fifty Dollars ($50.00). The Third Runner Up Prize winners will not receive the difference between the actual Third Runner Up Prize values and the ARV. The $MOONEY NFTs made available in connection with the Third Runner Up Prizes may contain terms, conditions and restrictions as established by Sponsor, in its sole discretion.
(iv) Fourth Runner Up Prizes. The sixth, seventh, eighth, ninth and tenth potential Prize winners selected will each receive a special, Promotion-related $MOONEY airdrop in the amount of thirty thousand (30,000) $MOONEY (the “Fourth Runner Up Prize”). The approximate retail value (“ARV”) of each Fourth Runner Up Prize is Thirty Dollars ($30.00). The Fourth Runner Up Prize winners will not receive the difference between the actual Fourth Runner Up Prize values and the ARV. The $MOONEY NFTs made available in connection with the Fourth Runner Up Prizes may contain terms, conditions and restrictions as established by Sponsor, in its sole discretion.
(b) Grand Prize. The Grand Prize winner shall receive: (i) the opportunity to reserve a seat on an upcoming flight on Blue Origin’s “New Shepard” aircraft (each, a “Mission”), which intends to travel to or above the Karman Line (as defined below) in a sub-orbital flight; and (ii) a lump sum payment of the municipal, state and federal income taxes incurred by the Grand Prize winner (“Grand Prize Taxes”) in connection with receipt of the Grand Prize (collectively, the “Grand Prize,” and together with the Alternate Prizes, the “Prizes”). The ARV of the Grand Prize is One Million Dollars ($1,000,000.00). The Grand Prize winner will not receive the difference between the actual Prize value and the ARV. For purposes of these Rules, the “Karman Line” means the altitude where space begins, 62 miles (100 km) above sea level.
(c) Grand Prize Terms and Conditions. The specifics of all aforementioned elements of the Grand Prize shall be determined in the sole and exclusive discretion of Blue Origin and Sponsor. Some restrictions apply. The Grand Prize winner must provide documentation detailing the applicable Grand Prize Taxes that is satisfactory to Sponsor in its sole and reasonable discretion. As a condition precedent to accepting the Grand Prize, the potential Grand Prize winner must enter into a separate Beneficiary Launch Services Contract with Blue Origin, including the Informed Consent document referenced therein, as well as any and all publicity waivers, health and safety waivers, waivers of claims, Non-Disclosure Agreements (“NDA”), codes of conduct and/or any other agreements, documents and/or policies required by Blue Origin from time-to-time, in its sole and absolute discretion (collectively, “Blue Origin Agreements”). The potential Grand Prize winner must also comply with any and all personal codes of conduct established by Blue Origin, from time-to-time. The potential Grand Prize winner acknowledges and agrees that Blue Origin reserves the right at any time, and in its sole discretion, to remove the potential Grand Prize winner from her/his assigned Mission for any or no reason whatsoever including, without limitation, for weight and balance constraints and/or for violation of any Blue Origin Agreement(s) and/or codes of conduct. Subject to the terms of the NDA, the potential Grand Prize winner should discuss any aspects of her/his participation in the Mission with appropriate medical, legal, emergency contact, and insurance professionals as she/he deems necessary. The potential Grand Prize winner must promptly notify Blue Origin of any situation that may impair or affect the potential Grand Prize winner’s ability to participate in the applicable Mission. Without limiting the foregoing, in the event the potential Grand Prize winner tests positive for COVID-19 within fourteen (14) days of the targeted Mission date, or experiences another medical condition that would prevent the potential Grand Prize winner’s participation in the Mission, the potential Grand Prize winner understands and agrees that she/he may forfeit the Grand Prize in its entirety. Blue Origin shall provide the potential Grand Prize winner with familiarization and training as determined by Blue Origin, in its sole discretion, to be necessary for the potential Grand Prize winner to participate in the Mission. Such familiarization and training may occur at Blue Origin’s facilities in Kent, Washington, in Culberson County, Texas, or in some other location that Blue Origin deems appropriate. Blue Origin, in its sole discretion, shall determine whether the potential Grand Prize winner has sufficiently completed all Mission-related familiarization and training in advance of the Mission. The potential Grand Prize winner shall participate in pre- and/or post-Mission media or publicity activities as reasonably requested by Blue Origin and/or Sponsor. The potential Grand Prize winner understands and acknowledges that as part of the Mission, the potential Grand Prize winner will be required by Blue Origin to visibly wear items or otherwise use items from Blue Origin’s sponsorship partners and participate in media events related to the Mission with Blue Origin’s sponsorship partners. The potential Grand Prize winner is prohibited from monetizing her/his participation in the Mission without Blue Origin’s prior written consent, in each instance. Without limiting the foregoing, the potential Grand Prize winner is prohibited from advertising, promoting, wearing, displaying, or otherwise supporting the brand, logo, trademark, or recognizable marking of any other entity, corporation, person, or organization in Mission-related or Blue Origin-related activities or events without the express advance written permission of Blue Origin.
Blue Origin and Sponsor will determine flight dates for each applicable Mission in their respective sole and exclusive discretion and such flight dates may be postponed at any time by Blue Origin in its sole discretion. The potential Grand Prize winner shall arrive in the vicinity of the launch site up to four (4) days in advance of the Mission launch date (“Launch Date”) and at the location specified by Blue Origin. The potential Grand Prize winner shall participate in post-Mission debrief activities with Blue Origin, at Blue Origin’s or its affiliates’ facilities in Culberson County, Texas or Kent, Washington, which debriefs may include, at Blue Origin’s discretion: (i) recording of data or experiences associated with the Mission; (ii) written and/or digital surveys; and/or (iii) in-person (or over the phone) interviews.
The potential Grand Prize winner may bring one (1) guest (“Guest”) to the launch site to view the Mission launch. The Guest must be at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his respective jurisdiction). The Guest will not participate in any preflight training activities. The Guest may watch the Mission launch from a viewing area provided by Blue Origin in the vicinity of the launch site. Any additional guests must view the launch from an offsite location not coordinated or owned by Blue Origin. Blue Origin may act as an agent and arrange for separate accommodations for guests in addition to the aforementioned Guest, at lodgings offered by third parties within the vicinity of the launch site, at an additional cost, billed separately, representing the lodgings’ current market price, subject to availability and space constraints. Blue Origin will provide complimentary accommodations for the potential Grand Prize winner and her/his Guest. Accommodations will be located on Blue Origin property. Blue Origin recommends that the Guest arrives one (1) day prior to the Launch Date; provided, however, that accommodations are included beginning three (3) nights prior to the Launch Date through one (1) day after the Launch Date for the potential Grand Prize winner and her/his Guest. The potential Grand Prize winner and her/his Guest are solely responsible for arranging, and paying, for transportation to Texas, either to El Paso or Culberson County airports, or to another Texas location agreed to by Blue Origin in writing, in advance. Blue Origin will provide ground transportation from those permitted arrival points to the launch site for the potential Grand Prize winner and her/his Guest during their stay, beginning three (3) nights prior to the Launch Date through one (1) day after the Launch Date. The potential Grand Prize winner and her/his Guest will receive food and beverages during their stay. Blue Origin will accommodate all dietary restrictions as communicated. Beverages are defined as non-alcoholic beverages as well as beer, wine, and liquor for individuals above the legal age for alcohol consumption, all as determined by Blue Origin in its sole discretion. Special food and beverage requests may be provided at an additional cost, which will be billed separately.
Other than as expressly set forth above, the potential Grand Prize winner and her/his Guest are solely responsible for arranging, and paying, for transportation to and from the Mission launch site, the post-Mission debrief site and/or any pre-Mission training site designated by Blue Origin, as well as for any hotel accommodations required in connection with same.
No refund or compensation will be made in the event of the cancellation or delay of any Mission. The potential Grand Prize winner (and Guest, where applicable) is solely responsible for obtaining any identification documents necessary for domestic travel. The potential Grand Prize winner (and Guest, where applicable) is responsible for obtaining travel insurance (and all other forms of insurance) at her/his option and the potential Grand Prize winner hereby acknowledges that neither Sponsor nor Blue Origin will obtain nor provide travel insurance or any other form of insurance. The Grand Prize is, at all times, subject to all applicable federal, state and local laws and regulations.
Incidentals, tips, telephone calls and any other personal expenses incurred in connection with the Grand Prize are the responsibility of the potential Grand Prize winner. No part of the Grand Prize is transferable or may be converted to a cash payment, resold, included in a separate promotion, or otherwise distributed to any member of the general public.
ODDS OF WINNING A PRIZE
(a) Alternate Prize Odds. The odds of winning an Alternate Prize depend on the number of Entries received during the Promotion Period, but can be calculated by dividing the number of Alternate Prizes (9) by the total number of Entries received.
(b) Grand Prize Odds. The odds of winning the Grand Prize depend on the number of Entries received during the Promotion Period, but can be calculated by dividing the number of Grand Prizes (1) by the total number of Entries received.
PRIVACY STATEMENT
For a thorough recital of the Sponsor Privacy Policy, Click Here. To the extent that the Sponsor Privacy Policy is in conflict or inconsistent with these Rules as they pertain to the Promotion, these Rules shall take precedence.
WINNERS LIST
To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: MoonDAO, MoonDAO Second Ticket to Space Sweepstakes, Attn: Winner’s List, PO Box 460446, San Francisco, CA 94146.
TAX INFORMATION
Other than as expressly set forth above with respect to the Grand Prize Taxes, all federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. Sponsor reserves the right to withhold taxes from a winning Prize, as appropriate. Sponsor will issue a form 1099-MISC for the Prize winner(s) in the amount of the applicable Prize(s).
NO SUBSTITUTION OF WINNERS
The Promotion NFTs are not transferrable, and may not be sold, under any circumstances. The Prizes are non-transferable, and no substitution or transfer of a Prize will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize, or any portion thereof, for a substitute of equal or greater value for any reason.
PUBLICITY
Other than for residents of the State of Tennessee and where otherwise prohibited by law, Promotion entry constitutes permission for Sponsor and Blue Origin to reproduce, display, perform, distribute and otherwise use each entrant’s name and/or likeness in connection with promoting Sponsor, Blue Origin and/or their respective products, services and offerings in any and all forms of marketing and promotional material including, without limitation, email marketing, online ads, social media ads/announcements, as well as printed extracts and reproductions of any portion thereof.
RELEASE
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Blue Origin, and each of their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prizes) including, but not limited to: (a) any physical, emotional or psychological injury including, but not limited to, illness, paralysis, death, damages, economic loss or emotional loss arising out or relating to, participation in the Mission (including any training and familiarization activities associated therewith); and/or (b) liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern. Without limiting the foregoing, The Covered Parties are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent these Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION
These Rules shall be treated as though they were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Rules. Without limiting the foregoing, should a dispute arise between the parties (and Covered Parties) including, without limitation, any matter concerning the Promotion, the Prize(s), the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before JAMS in New York, NY; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
DISQUALIFICATION
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, minting errors, technical issues or other errors, jumbled, scrambled or misdirected transmissions, lost AMOE Entries, NFT Prior Owner Entry and/or Waitlist Entries, errors related to any entrant’s Wallet, associated blockchain technology, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
FORCE MAJEURE EVENTS
The Covered Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply a Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any similar virus, disease and/or pandemic, as well as any private sector or governmental response thereto, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the sole control of Sponsor and/or Blue Origin including, without limitation, any matter related to the Blue Shepard vehicle, Mission-related launch conditions and/or governmental regulations, decisions, actions and/or orders related to voyages similar to the Mission (collectively, “Force Majeure Events”).
INDEMNIFICATION
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize any portion of the Promotion, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.