TERMS AND CONDITIONS FOR BITCOIN LATINUM’S TESLA ROADSTER GIVEAWAY
NOTICE REGARDING DISPUTE RESOLUTION: These official rules contain terms that govern how claims between you and Sponsor (as defined below), relating to your participation in any giveaway, will be resolved. For example, section 13 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims only in an individual capacity (and not as part of or on behalf of any a class action or purported collective or representative claim or proceeding).
No purchase or payment, is necessary to enter or win. A purchase or payment will not increase the chances of winning.
Bitcoin Latinum (referred to herein as the “Sponsor”) is a for-profit technology entity. The Bitcoin Latinum website (www.shop.BitcoinLatinum.com) (the “Website”) allows almost anybody (see restrictions below) to enter the giveaway hosted on the Website (referred to herein as the “Giveaway”).
All entries into the Giveaway have an equal chance of winning. There are many laws in place to protect Giveaway participants (“Participants”) and ensure everything's fair. Before entering, please enjoy these long, detailed Official Rules, which provide the general terms and conditions applicable to every Giveaway on the Website.
To be eligible to enter the Giveaway or be awarded the prize identified on the Giveaway’s webpage (the “Prize”), a Participant must fully comply with the Official Rules. Entry into any Giveaway constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters relating to the Website and any and all Giveaway. Each Giveaway is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited.
(A) Prohibited Persons. The following individuals are not eligible to enter or win the Giveaway.
(i) A Winner of the Giveaway (as defined in Section 2(A), below) who has previously won a Giveaway.
(ii) Employees, officers, and/or directors of any of the following (collectively, the “Giveaway Partners” ): (a) Bitcoin Latinum (b) Bitcoin Latinum’s client(s) (c) any contractor or other partner of Bitcoin Latinum who is engaged to market and/or promote one or more Giveaway or Bitcoin Latinum generally, or who is involved in the development, testing, administration, and/or fulfillment of any Giveaway, including without limitation any Prize supply partners.
(iii) Giveaway Partners' immediate family members (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household as Giveaway Partners (whether or not related) are not eligible to enter or win.
(B) Prohibited Jurisdictions: All countries on the United States’ list of embargoed countries (which you can find here), Afghanistan, Bahamas, Belgium, Belize, Bolivia, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, Venezuela, Yemen, Zimbabwe, and any other country where local laws would prohibit the provision of or entry into the Giveaway. Any other jurisdictions where local laws prohibit the provision of or entry into the Giveaway.
(A) Grand-Prizes Giveaway. The Giveaway will have two ways to enter:
(i) Enter for Free. To enter for free, visit the Website, click the “Enter Now” button from the main webpage. Then follow the instructions to complete the entry form, and then submit the completed form. Upon receipt of a complete entry form, a Participant will automatically receive one entry into the Giveaway. A Participant is limited to the applicable maximum Entry Limit (as defined below).
(ii) Entries in Connection with a purchase of merchandise. Visit the Website, and purchase a piece of merchandise. On the “check out” page, there is a check-box with instructions for entering the Giveaway and agreeing to these terms and conditions. There is a link in that section to view these terms and conditions. Upon Sponsor’s receipt of an entry, the entrant will automatically be entered for a chance to win the Giveaway. A Participant is limited to the applicable maximum Entry Limit (as defined below).
(B) Entry Limitations and Restrictions: Only fully completed entries submitted during the Entry Period and received by Sponsor are eligible. Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Sponsor. To receive valid entries, at the time of submission, Participant must provide a valid email address for which the Participant is the authorized owner. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as those terms are defined below) may be required to show proof of being the authorized account holder. Any Entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Participant, are void and ineligible to win. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic, all of which are void and ineligible to win. Additionally, Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If a Participant’s donation is refunded, any entries associated with such donation will be withdrawn and not eligible to win.
(C) Entry Limit. Each participant if only allowed one (1) entry in the Giveaway. If a Participant exceeds the Entry Limit for the Giveaway, all Entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.
(D) One Valid Email Address per Participant. Multiple Participants may not share the same email address. Using multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive entries over the Giveaway’s Entry Limit, is strictly prohibited and will void all entries for that Participant.
(E) No automated entry devices. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Participant and will result in disqualification of the Participant from the Giveaway, at Sponsor’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted.
(A) Consents to receive information or promotional materials from Sponsor, or any of the other Giveaway Partners, via email and/or mail;
(B) Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all matters relating to the Giveaway;
(C) Releases the Giveaway Partners from all liability, loss or damage or expense arising out of or in connection with participation in the Giveaway or the acceptance, use, or misuse of any Prizes;
(D) Knowingly and expressly waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;
(E) Agrees that all claims, disputes, or causes of action arising out of or connected with the Giveaway, or any Prizes awarded, shall be individually resolved in binding arbitration, per Section 13, without resort to any form of class or representative action;
(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Some jurisdictions do not allow the limitations or exclusion of liability set forth above in Section 3. So, some of the provisions contained in this section may not apply to every Participant.
(A) Winner Documentation. To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner (and any guests of Potential Winner, to the extent that a Prizes includes participation by one or more guests) must accurately complete and timely return Sponsor’s Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), and/or any other document necessary to confirm and verify a Potential Winner’s eligibility, as determined by Sponsor, in its sole discretion (collectively, the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Sponsor, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s).
(B) Background Checks. Except where legally prohibited, Sponsor reserves the right to conduct background checks on a Potential Winner and any Potential Winner guests, where applicable. Participation in the Giveaway constitutes Participant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from Potential Winner. Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner based on the results of such background check (or the background check of Potential Winner’s guest(s), if applicable), if the Sponsor determines in its sole discretion that awarding the Prize to such Potential Winner and/or Potential Winner’s guest(s) might reflect negatively on Sponsor or any of the other Giveaway Partners, or be likely to put Sponsor, any of the other Giveaway Partners, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner, whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, Potential Winner or Potential Winner’s guest(s) must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by Sponsor, Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s). Potential Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, or sexual orientation.
If a Potential Winner or Winner is determined to be ineligible and/or disqualified, an alternate Potential Winner may be randomly drawn from among the remaining eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.
If a Winner chooses to reject or otherwise forfeits the Prize, Sponsor shall have no obligation to award the abandoned or unclaimed portion of any Prizes to an alternate winner.
Unless explicitly stated otherwise, Prize is awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Participant. Sponsor reserves the right to substitute a prize of comparable or greater value in Sponsor’s sole discretion. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. Some restrictions may apply.
Unless otherwise noted in the Giveaway’s Rules, Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, use, and shipping/transporting the prize. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).
All Winners are entitled to refuse to accept any Prize that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If Winner is deemed to have forfeited a Prize, in whole or in part, Winner will not be entitled to any alternate Prize or other compensation of any kind.
Winner of the Prize vehicle is not eligible for any cash rebate programs. Sponsor will determine the interior/exterior colors of the vehicle at its sole discretion. Winner must have a valid driver’s license and proof of insurance to take delivery of Prize vehicle and must take delivery of the vehicle at a location specified by Sponsor, in its sole discretion. For any Prize vehicle, neither Sponsor, other Giveaway Partners, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize vehicle, including but not limited to its quality, mechanical condition or fitness. Notwithstanding, the Prize vehicle may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. If the Prize is a lease of an automobile or other vehicle, Winner will be responsible for complying with the standard provisions of the applicable lease and shall be responsible for excess wear/use and mileage over the miles specified in such lease at a cost per additional mile/km stated in such lease. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions.
WARNING: PERSON WHO DELIBERATELY UNDERMINES, OR ATTEMPTS TO UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
As a condition of participation, Participant and Sponsor agree that any dispute, controversy, or claim arising out of or connected to the Giveaway, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) shall be resolved exclusively by binding arbitration under the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1.
PARTICIPANT AND SPONSOR ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION; (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH SPONSOR AND PARTICIPANT WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. (Some jurisdictions do not allow the limitations or exclusion of liability set forth above and in section 4, so such language may not apply to every Participant).
Participants may seek arbitration of a Claim by contacting Bitcoin Latinum at firstname.lastname@example.org. The arbitration may be conducted via telephone, written submissions, or in-person in a mutually agreed location. The arbitrator shall be selected according to the JAMS Rules and Procedures. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes or giveaway laws. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the Parties.
The Parties will equally split the arbitrator’s fees and expenses, and each party shall pay its costs and attorneys’ fees. Notwithstanding, if any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. Participant and Sponsor agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington County, Delaware, or the United States District Court for the District of Delaware.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. For any Claims brought by that are not subject to arbitration, if any, Participant and Sponsor each: (i) submit that the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within Wilmington County, Delaware (the “Venue”), (ii) waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (iii) waive any and all rights to trial by jury for any Claims.