WEB3 30 SWAG GIVEAWAY SWEEPSTAKES - OFFICIAL RULES
Sponsored by Alchemy Insights, Inc. (“Alchemy”).
NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
The Web3 30 – Swag Giveaway Sweepstakes (the “Sweepstakes”) begins on March 3, 2023 at 2:00 PM Pacific and ends on March 19, 2023 at 9:00 PM Pacific (the “Promotion Period”).
Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these “Official Rules.” If you would like to opt-out of the Sweepstakes, please contact [email protected].
Eligibility: The Sweepstakes is open to individuals aged eighteen (18) or older as of the date of entry, who have an active email account and Internet access. Employees of Alchemy and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Alchemy through an outsourcing or temporary employment agency during the Promotion Period are not eligible to participate in the Sweepstakes.
How to Enter. You may enter the Sweepstakes online by Visiting the Web3 30 website at https://www.alchemy.com/web3-awards and following the instructions for submitting a vote on the nominees. To enter by mail without obligation, hand write your name, mailing address, phone number, and email address on a 4” x 6” card and mail to: Alchemy - Swag Giveaway, 548 Market Street, PMB 49099, San Francisco, CA 94104. Mail-in entries must be postmarked by the end of the Promotion Period deadline and be received within seven (7) days after the Promotion Period. All entries become property of Alchemy and will not be acknowledged or returned. No automatically generated entries will be accepted, and any use of robotic, programmed, or similar methods will void all entries by such methods. Only one entry per person is permitted, and entrants submitting multiple entries or violating any of these Official Rules may be disqualified.
Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the drawing, to be held within eight (8) days after the Promotion Period. The drawing will be conducted by a computer program that randomly chooses the winner from all eligible entries received and the random selection is final and binding. The winners will be selected at random from among all eligible entries received.
Prizes and Odds: The prizes will be awarded to ten (10) winners of the Sweepstakes consisting of swag such as Alchemy branded apparel, notebooks, water-bottles, or stickers, with an approximate retail value of $30. The total approximate retail value of all prizes to be awarded will no more than $300. The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes will be offered, and Alchemy will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. Allow six (6) to eight (8) weeks for delivery of prizes.
Notification of Winners: Potential Sweepstakes winners will be notified by email within five (5) business days of the prize drawing by email. If a selected winner cannot be contacted, is ineligible, or fails to claim a prize, the prize may be forfeited and an alternate winner may be selected from remaining valid, eligible entries. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account specified in the entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Disclaimers and Limitations on Liability.
(a) Alchemy is not responsible for (i) late, lost, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence; or (ii) electrical, network, computer, hardware, software program or transmission malfunctions, failures, or difficulties.
(b) IN NO EVENT WILL ALCHEMY BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ALCHEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Certain 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.
Indemnification. You agree to release, indemnify, defend, and hold harmless Alchemy and its affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, from any and all claims, damages, expenses or losses to person or property or liabilities of any nature that in any way arise from your participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Alchemy’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) the content of your entry.
Publicity. Except where prohibited, by participating in the Sweepstakes, you consent to the use of your name, photo, likeness, biographical information, entry, and statements attributed to you for advertising and promotional purposes, including without limitation, inclusion on Alchemy’s newsletters, website, and postings on Alchemy’s social media accounts, without additional compensation.
Additional Conditions. Alchemy reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in Alchemy’s opinion (a) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Alchemy’s control, or (b) any other factors beyond Alchemy’s reasonable control affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the entrants. Alchemy also reserves the right to disqualify any entrant or winner, as determined by Alchemy, in its sole discretion.
Dispute Resolution; Governing Law
(b) Exceptions. As limited exceptions to sub-section (a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and neither party will seek to recover the administration and arbitrator fees it is responsible for paying, unless the arbitrator finds either party to have filed a frivolous Dispute.
(e) Injunctive and Declaratory Relief. Except as provided in sub-section (b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND ALCHEMY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.
Winners List. For the names of all prize winners, available after the Promotion Period, send your request and a stamped, self-addressed envelope to Alchemy - Swag Giveaway, 548 Market Street, PMB 49099, San Francisco, CA 94104. Requests must be received within four (4) weeks of the end of the Promotion Period.
Alchemy’s Address: 548 Market Street, PMB 49099, San Francisco, CA 94104.