Last Updated: December 2, 2021
OPEN TO INDIVIDUALS WHO HOLD FOUNDERS KEY NFTS AND/OR MERRY MODZ AND ARE RESIDENTS OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AT LEAST 18 YEARS OF AGE OR THE AGE OF THE MAJORITY IN THEIR STATE OF RESIDENCE.
Please read these rules (“Rules”) before entering Part 1 the #MerryModz 25 Days of Giving Contest (the “Contest”). The goal of the Contest is to reward quality engagement in our Discord community (“Community”). By engaging in our Community you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Merry Modz, LLC (“Sponsor”, “we”, “our” or “us”) and the judges, and that you satisfy all eligibility requirements.
Open to individuals who are present holders of Founders Key NFTs and/or Merry Modz, and who are a legal resident of the fifty (50) United States or the District of Columbia at least 18 years of age or the age of the majority in their state of residence (each, a “Participant”). Directors, officers, employees, interns, and contractors (“Personnel”) of Sponsor, their respective parents, subsidiaries, affiliates, and their respective advertising, promotion and public relations agencies, representatives, and agents (collectively, “Contest Entities”), immediate families members of such Personnel (parents, siblings, children, spouses, and life partners of each) and members of the households of such Personnel (whether related or not) are ineligible to participate in this Contest. The Contest is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations.
Participants may participate in the Contest by engaging with our Discord community in a meaningful way during the Submission Period. Each Participant must be eligible to participate in this Contest and comply with these Official Rules or the Participant will be disqualified.
These Rules apply to each of the Submission Periods described below. Additional submission periods will be announced in subsequent “Parts”. Following each Submission Period, a different prize or prizes will be awarded, as described further in the Prizes section, below.
- Art Contest: December 3, 2021 from 10:00AM PT to December 10, 2021 at 11:59PM PT.
- Fan Fiction/Poem Contest: December 3, 2021 from 10:00AM PT to December 10, 2021 at 11:59PM PT.
HOW TO ENGAGE IN THE COMMUNITY:
During the Submission Period, you can enter the Contest by submitting posts in the Community. The timing of posts will be based upon the time displayed next to the post on Discord. You acknowledge and agree that we have no control over the times associated with Discord posts and that it is possible that there could be delays between when you submit a post and the post is actually posted in the Community.
Your participation and engagement is measured based upon your posts during the Submission Period only. If participating via a smartphone device, you must have a data service plan for your smartphone device with your service provider. Standard data rates may apply. See your smartphone device provider for pricing plan details and capabilities.
By engaging in the Community for purposes of this Contest, Participant hereby grants permission for parts of your engagement to be posted on Discord, www.tiktok.com
or other websites and agrees that Sponsor may edit, modify, and manipulate the submission as it deems necessary for such purposes. Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of your engagement by third parties. Released Parties do not guarantee the posting of any submission and reserve the right to take down any posted submission at any time.
Each Submission Period will have a separate Contest Theme, as identified below. Your posts will be judged, as described below in the Submission Judging Period section, for adherence to the Contest Theme.
- Art Contest: Participant to post fan art in dedicated Discord channel. Community members vote through emoji. Sponsor selects winner from top emoji winner.
- Fan Fiction/Poem Contest: Participant to post fan fiction in dedicated Discord channel. Community members vote through emoji. Sponsor selects winner from top emoji winner
REQUIREMENTS FOR YOUR ENGAGEMENT:
Qualifying engagement in the Community may not contain, as determined by the Sponsor, in its sole discretion, any content that includes any of the below or is otherwise subject to removal from the Community:
- is sexually explicit or suggestive; violent, derogatory or profane;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others;
- contains any personal identification, such as personal names;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art, or images published on or in websites, television, movies or other media);videos containing any other third-party materials will not be considered;
- contains materials embodying the names, likenesses, or other indicia identifying any person;
- is designed to be harassing or disruptive to the Community or any members thereof;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law.
Each Participant waives any and all claims that any engagement intended for this Contest may be similar to the engagement of others in the Contest, or that any compensation is due to any Participant in connection with such engagement, even if it is used by Sponsor for other purposes.
SUBMISSION JUDGING PERIOD:
At the conclusion of the Submission Period, all eligible engagement received by Sponsor will be judged by Tom Bilyeu and a panel of qualified judges based on the following criteria: Amount of engagement, measured by number of posts, as well as length of posts (40%); Quality of engagement, measured by the number of different, but relevant topics of posts (30%); and Adherence to the Contest Theme (30%).
For each Submission Period, the Participant with the highest score during that Submission Period will be deemed a potential prize winner of the Contest. In the event of a tie, an additional, “tie-breaking” judge will determine the potential winners based on the criteria listed herein. Sponsor reserves the right not to award any or all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions.
Each potential winner will be notified via Community as well as via Direct Message through Discord within seventy-two (72) hours of the end of each Submission Period. Each potential winners will also be required to execute a declaration of eligibility and publicity release (collectively, the “Winner Documents”) within five (5) business days from initial date of notification. If any potential winner cannot be reached, or in the event of noncompliance within the above stated Winner Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, such potential winner will be disqualified and, at Sponsor’s sole discretion, a runner-up potential winner may be notified.
Further proof or verification of identity and qualifications may be required along with a background/criminal check of potential winners. Potential winner agrees to such check and agrees to provide full consent if required. Failure to comply with any of the forgoing may result in disqualification. In addition, at the discretion of Sponsor, potential winner may be disqualified for any of the following: if Participant is charged with or convicted of a felony or misdemeanor or is not eligible based on the eligibility requirements set forth above. Non-compliance with the foregoing or such Participant’s failure to comply with the verification process and/or eligibility requirements, return of winner notification as undeliverable, the inability of Sponsor to contact potential winner within a reasonable time period, the applicable potential winner may be disqualified.
A different prize is available for each Submission Period, as described below:
- Art Contest:
- 1st Prize (1): Tablet & Accessory ARV <$1000
- 2nd Prize (2): Hardware Wallet ARV <$200
- Fan Fiction/Poem Contest:
- 1st Prize (1): Tablet & Accessory ARV <$1000
- 2nd Prize (2): Hardware Wallet ARV <$200
No substitution, assignment, cash equivalent or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor.
TAXES AND EXPENSES:
Each winner will be responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to, taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. Each winner will be required to submit to Sponsor his/her social security number or tax payer ID number, or other such tax filing information required by Sponsor in order to claim the prize. All prizes awarded will be inclusive of any taxes Sponsor is required by law to withhold as well as applicable sales, use, gross receipts, goods and service, or similar transaction based taxes. All other taxes, costs and expenses associated with acceptance and use of any prize not specified in these Official Rules as being provided are the sole responsibility of the winner. PAYMENT TO EACH WINNER IS SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, AND LOCAL TAX REPORTING REQUIREMENTS. Each winner is responsible for ensuring that the tax documentation submitted to Sponsor complies with all applicable tax laws and requirements.
For the avoidance of doubt as between Sponsor and Participants, all engagement created by Participants will remain the property of the Participant except to the extent a Participant incorporated elements in their Submission owned by Sponsor, but Sponsor and its designees will have the rights to use the Submissions described below. By submitting a Submission in this Contest, each Participant warrants and represents that he or she owns, or otherwise has the right to use, all of the intellectual and industrial property rights in and to the Submission. Further, each Participant hereby grants Sponsor and its affiliates a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to (i) use, review, assess, test and otherwise analyze your Submission in connection with this Contest, and (ii) feature your Submission and all content contained therein in connection with the marketing or promotion of this Contest.
Except where prohibited, each prize winner further consents (and agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent) to Contest Entities’ use of Submissions as specified herein and the use of any Participant names, likeness (photograph), biographical information, and voice in advertising/publicity/trade (including local and/or national television stations or print publications that may be covering any element of this Contest) worldwide without compensation, notice or approval, and prize winner disclaims any ownership rights to the content of such advertising/publicity/trade material.
USE OF SUBMISSION, PERSONAL DATA, WAIVER, RELEASE, AND LIMITATION OF LIABILITY:
Contest Entities and their Personnel will not enter into any correspondence, including email, with non-winning Participants relating to such Participants’ participation in the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering with the Submission process or Submission materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules.
EACH PARTICIPANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND THE PERSONNEL OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED OR SUSTAINED IN CONNECTION WITH OR RISING OUT OF PARTICIPANT’S PARTICIPATION IN THIS CONTEST, USE OF ANY SUBMISSION OR RIGHTS THEREIN OR ANY TRAVEL OR ACTIVITY RELATED THERETO, BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each Participant hereby acknowledges and agrees that the relationship between themselves and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to provide the Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Submission, other than as set forth in these Official Rules. Each Participant understands and acknowledges that the Contest Entities have wide access to Submissions, technology, designs, and other materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each Participant also acknowledges that many ideas may be competitive with, similar to, or identical to the Submission in theme, idea, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Participants acknowledge that other Participants may have created ideas and concepts contained in their submission design that may have familiarities or similarities to their Submission design, and that they will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Participants also acknowledge that the Contest Entities will not restrict work assignments or representatives who have had access to your Submissions. By entering this Contest, Participants agree that use of information in the Contest Entities’ representatives’ unaided memories in the development or deployment of Contest Entities’ products or services does not create liability for Contest Entities under these Official Rules or copyright or trade secret law.
Participants further agree that the Contest Entities are not responsible for the following: (a) electronic transmissions, Submissions or notifications that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not received by Sponsor or their agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, shipping errors or delays, receipt or processing of Submissions or related materials; or for destruction of or unauthorized access to, or alteration of, Submissions or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Participants’ or any person’s computer and/or its contents related to or resulting from participation in this Contest; (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Contest; (e) any Submissions posted in a manner that is not expressly allowed under these Official Rules (all such Submissions will be disqualified); or (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Contest or judging. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by non-authorized human intervention or other causes including but not limited to war, strikes, health crisis, epidemic, pandemic, civil disturbances, work stoppage, and/or acts of God, which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or posting of submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, determine the potential winner using the judging criteria above from all eligible, non-suspect submissions received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.
By participating, each Participant fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor and Judges, which are final and binding in all matters related to the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated submissions. Entrants agree to release and hold harmless Sponsor, Discord, TikTok, Instagram, Twitter and their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Released Parties”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Contest or from the acceptance or use of any prize awarded.
LIMITATIONS OF LIABILITY:
Released Parties are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the submission process of the Contest; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete submissions, videos, or registrations, the tabulation of votes or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of submissions, videos, registrations, votes, the announcement of the prizes, or in any Contest-related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to Participant’s computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from Participant's participation in the contest. Sponsor reserves the right to cancel or modify the Contest if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize using the judging procedure outlined above from among all eligible, non-suspect submissions received up to the time of the impairment.
CHOICE OF LAW:
The Contest and all accompanying materials are copyright ©2021 by Merry Modz, LLC. All rights reserved. By entering, participants agree to be bound by these rules. No transfer, assignment, cash redemption or substitution of prizes is permitted except by Sponsor due to prize availability and then with prizes of equal or greater value. Participants agree (for themselves and their heirs) that the Released Parties will have no liability, and will be held harmless by such participants to the maximum extent permitted by law for any liability, loss, injury, or damage to property or to person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of participation in the Contest, or by reason of the acceptance, possession, use or misuse of the prizes, even if caused or contributed to by the negligence of any of the Released Parties. Contest is governed by the laws of the United States and the State of California
, USA. As a condition of participating in this Contest, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles County, California, USA having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, other than participant’s actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased. Participants agree that the decisions of Sponsor and the judges related to the Contest are final. By participating in the Contest, participants consent to the use of their names, biographical information, Submissions, images and/or likenesses in any manner and in any medium for any purpose in connection with the Contest, including worldwide, without additional compensation, except where prohibited by law.
For the name of the winners, available after December 31, 2021, visit merrymodz.io
no later than January 15, 2022.
Merry Modz, LLC, 9903 Santa Monica Blvd. #1107, Beverly Hills, CA 90212
This Contest is in no way sponsored, endorsed or administered by, or associated with Discord, TikTok, Instagram or Twitter. By entering, you understand that you are providing your information to the Sponsor and not Discord, TikTok, Instagram or Twitter.