MoonDAO™ Zero-G Social Media Contest Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The MoonDAO™ Zero-G Social Media Contest (the “Contest”) is sponsored by MoonDAO DAO LLC d/b/a MoonDAO (“Sponsor”). By entering the Contest, you agree to comply with and be bound by the following MoonDAO™ Zero-G Social Media Contest 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 Contest. This Contest may be canceled or postponed by Sponsor, at any time in its sole discretion.
ELIGIBILITY
The Contest 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 Contest is expressly void where otherwise prohibited by law. Employees, officers and directors of Sponsor, Zero Gravity Corporation (“ZeroG”), and each of the foregoing individuals’/entities’ respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, Contestal, 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 Contest. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY
The Contest period (“Contest Period”) begins at 8:00:00 a.m. Pacific Standard Time (“PST”) on March 29, 2023, and ends at 11:59:00 p.m. PST on April 30, 2023 (“Contest End Date”). Entries must be received prior to the expiration of the Contest Period to be eligible for a Prize.
HOW TO ENTER
Each prospective entrant wishing to enter the Contest through the social media can register a Social Media Contest Entry (“Entry”) via: (a) Twitter Video Entry (“Twitter Entry”), i) publicly post a one-minute video post (“Video”) expressing their wish to participate in Flight, ii) tag @officialmoondao and use the hashtag #MoonDAOZeroG in Video description text, iii) retweet official Contest announcement Tweet posted by @officialmoondao, and iv) follow @officialmoondao on Twitter; or (b) Instagram Video Entry (“Instagram Entry”), i) publicly post a one-minute video post (“Video”) expressing their wish to participate in Flight, ii) tag @official_moondao and use the hashtag #MoonDAOZeroG in Video description text, iii) repost the official Contest announcement Tweet posted by @official_moondao to the associated account’s Instagram Story, and iv) follow @official_moondao on Instagram. Each account that has successfully met the requirements of Entry by 11:59:00 p.m. PST on April 30, 2023 (“Contest Deadline”) shall receive one (1) entry in the Contest, up to a maximum of one (1) Raffle Entry.
Instagram® is a registered trademark of Meta Inc. (“Instagram”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Sponsor is not in any way affiliated with Instagram and/or Twitter, and the Contest is not endorsed, administered or sponsored by Instagram and/or Twitter.
(b) Entry Limits/General Provisions. Each entrant’s account must be maintained in good standing throughout the Contest Period to remain eligible to receive a Prize. Entrants may not own more than one (1) Entry on the Contest Deadline regardless of completion via Twitter Entry or Instagram Entry as the total combined number of Entries obtained during the Contest Period per entrant may not exceed one (1) in the aggregate. So, by way of example, if an entrant submits a Twitter Entry during the Contest Period, that entrant will not be permitted to also obtain an Instagram Entry during the Contest Period. Any attempt by any individual to obtain more than the permitted number of Entries by deceptively using multiple/different social media accounts, 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 Contest. Use of any automated system to participate in the Contest 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 Site Registration Data, the “Registration Data”). SPONSOR IS NOT RESPONSIBLE FOR ENTRIES, 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.
(d) Cheating, Fraud and Abuse. By participating in the Contest 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 Contest. 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 Contest as an entrant including, but not limited to, deceptively using multiple social media accounts, 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 Contest Period) in order to mutually gain an advantage, give an advantage to one (1) entrant, and/or harm other entrants.**
IDENTIFICATION OF ENTRANTS
Each valid Entry will be identified by the applicable social media account as collected and stored in the Contest Database. For purposes of these Rules, the “Contest Database” is defined as the entire list of valid Entries recorded on the Contest Deadline. Sponsor will stop accepting Entries on the Contest End Date.
HOW TO WIN A PRIZE
(a) How to Win a Prize. Within seventy-two (72) hours of the Contest Deadline, MoonDAO Social Media Contest Committee (“Committee”) made up of members of the MoonDAO Senate will review and rank every valid Entry meeting the minimum level of Engagements (as defined below) and vote to select the top ten (10) Entries from the Contest Database by virtue of the quality of their content and having received at least ten (10) likes, retweets, comments, or shares (“Engagements”), as potential Prize winners (collectively, “Prize Winner Selection”). The ten (10) potential Prize winners will then be posted on Snapshot with links to the Entry video and undergo Ranked Choice Voting for no less than five (5) days by MoonDAO Members (“Members”) defined in the MoonDAO Constitution as those holding the vMOONEY governance token.
The first potential Prize winner selected by Ranked Choice Vote will be the potential Grand Prize (as defined below) winner. The potential Prize winners will be notified by the publication, on the Contest Deadline, of their respective social media accounts 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 Snapshot Vote. The Grand Prize winner must provide documentation demonstrating that they can legally travel to the United States (“US Visa”) that is satisfactory to Sponsor in its sole and reasonable discretion by 11:59:00 p.m. PST on May 19, 2023 (“Cutoff Date”) before an alternative Prize winner is selected. In addition, potential Prize winners may be required to provide Photo ID, 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, Contest 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 social media account 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 Ranked Choice Voting 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 Ranked Choice Voting process shall be deemed the potential Grand Prize winner, and so on and so forth.
PRIZE DESCRIPTION
(a) Grand Prize. The Grand Prize winner shall receive: the opportunity to participate on an upcoming flight on the Zero Gravity Corporation’s flight chartered by Sponsor (each, a “Flight”) on June 9th, 2023 in Houston, Texas, which intends to travel in such a way as to experience the sensation of weightlessness. The Grand Prize includes the Flight and any events associated with the public ticketed event, but does not include travel expenses or lodging.
(b) 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 ZeroG and Sponsor. Some restrictions apply. As a condition precedent to accepting the Grand Prize, the potential Grand Prize winner must enter into a separate contract with ZeroG, 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 ZeroG from time-to-time, in its sole and absolute discretion (collectively, “ZeroG Agreements”). The potential Grand Prize winner must also comply with any and all personal codes of conduct established by ZeroG, from time-to-time. The potential Grand Prize winner acknowledges and agrees that ZeroG reserves the right at any time, and in its sole discretion, to remove the potential Grand Prize winner from her/his assigned Flight for any or no reason whatsoever including, without limitation, for weight and balance constraints and/or for violation of any ZeroG Agreement(s) and/or codes of conduct. The potential Grand Prize winner should discuss any aspects of her/his participation in the Flight with appropriate medical, legal, emergency contact, and insurance professionals as she/he deems necessary. The potential Grand Prize winner must promptly notify ZeroG of any situation that may impair or affect the potential Grand Prize winner’s ability to participate in the applicable Flight. Without limiting the foregoing, in the event the potential Grand Prize winner tests positive for COVID-19 within fourteen (14) days of the targeted Flight date, or experiences another medical condition that would prevent the potential Grand Prize winner’s participation in the Flight, the potential Grand Prize winner understands and agrees that she/he may forfeit the Grand Prize in its entirety. ZeroG may provide the potential Grand Prize winner with familiarization and training as determined by ZeroG, in its sole discretion, to be necessary for the potential Grand Prize winner to participate in the Flight. Such familiarization and training will occur in Houston, Texas, prior to departure or in some other location that ZeroG deems appropriate. ZeroG, in its sole discretion, shall determine whether the potential Grand Prize winner has sufficiently completed all Flight-related familiarization and training in advance of the Flight. The potential Grand Prize winner shall participate in pre- and/or post-Flight media or publicity activities as reasonably requested by ZeroG and/or Sponsor. The potential Grand Prize winner understands and acknowledges that as part of the Flight, the potential Grand Prize winner may be required by ZeroG to visibly wear items or otherwise use items from ZeroG’s sponsorship partners and participate in media events related to the Flight with ZeroG’s sponsorship partners. The potential Grand Prize winner is prohibited from monetizing her/his participation in the Flight without ZeroG’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 Flight-related or ZeroG-related activities or events without the express advance written permission of ZeroG.
ZeroG and Sponsor will determine flight dates for each applicable Flight in their respective sole and exclusive discretion and such flight dates may be postponed at any time by ZeroG in its sole discretion. The potential Grand Prize winner shall arrive in the vicinity of Houston at least one (1) day in advance of the Flight launch date (“Launch Date”) and at the location specified by ZeroG. The potential Grand Prize winner may participate in post-Flight debrief activities with ZeroG or Sponsor, at ZeroG’s or its affiliates’ facilities in Texas, which debriefs may include, at ZeroG’s discretion: (i) recording of data or experiences associated with the Flight; (ii) written and/or digital surveys; and/or (iii) in-person (or over the phone) interviews.
The Grand Prize winner is responsible to cover the actual, out of pocket costs incurred by the Grand Prize winner for all travel costs associated with travel to Houston, Texas, and transportation to and from the departure airport and arrival airport if necessary (collectively, “Travel Costs”), for the Grand Prize winner (as defined below); and is also responsible for the actual municipal, state and federal income taxes incurred by the Grand Prize winner (“Grand Prize Taxes”) that are directly attributable to the Grand Prize (collectively, the “Grand Prize,” and together with the Alternate Prizes, the “Prizes”). The ARV of the Grand Prize is Fifteen Thousand Dollars (US$15,000.00). The Grand Prize winner will not receive the difference between the actual Prize value and the ARV. Any guests in addition to the potential Grand Prize winner are responsible for arranging, and paying, for transportation to Houston, Texas. The potential Grand Prize winner is responsible for any food and beverages during their stay that are not included in the ticketed event program.
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 Flight Site, the post-Flight debrief site and/or any pre-Flight training site designated by ZeroG, as well as for any hotel accommodations required in connection with same that are not expressly set forth above.
No refund or compensation will be made in the event of the cancellation or delay of any Flight. The potential Grand Prize winner (and Guest, where applicable) is solely responsible for obtaining any identification documents necessary for travel to the United States. The potential Grand Prize winner 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 ZeroG 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.
Travel, lodging, 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 Contest, or otherwise distributed to any member of the general public.
ODDS OF WINNING A PRIZE
Grand Prize Odds. The odds of winning the Grand Prize depend on the number of Entries received during the Contest Period, but can be calculated by dividing the number of Grand Prizes (1) by the total number of Entries received.
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 Contest, these Rules shall take precedence.
TAX INFORMATION
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. Where required by law, 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 Contest Entries 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, Contest entry constitutes permission for Sponsor and ZeroG to reproduce, display, perform, distribute and otherwise use each entrant’s name and/or likeness in connection with promoting Sponsor, ZeroG and/or their respective products, services and offerings in any and all forms of marketing and Contestal 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 Contest, each entrant agrees to release and hold harmless Sponsor, ZeroG, 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 Contest (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 Flight (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, Contestal or marketing materials, e-mails or announcements relevant to the Contest, these Rules will govern. Without limiting the foregoing, The Covered Parties are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent these Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
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 hereby agree to arbitrate all claims that may arise under and/or relate to the Contest and/or these Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Contest, the Prizes (including the Flight), 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 the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; 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 the AAA, 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 prevents 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 Contest.
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, staking errors, technical issues or other errors, jumbled, scrambled or misdirected transmissions, errors related to any entrant’s social media account, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, 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 Contest. In the event that any portion of the Contest 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 Contest, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Contest or any part of the Contest, 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 ZeroG including, without limitation, any matter related to the Boeing 727-200 vehicle, Flight-related launch conditions and/or governmental regulations, decisions, actions and/or orders related to voyages similar to the Flight (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 Contest; (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 Contest, or otherwise interfere with the operation of the Contest, 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.