Magic Eden Mystery Box - Terms & Conditions

MAGIC EDEN and UNSTOPPABLE DOMAINS 2023 COMPETITION - OFFICIAL RULES  

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSORS (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSORS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

SPONSOR

Magic Eden and Unstoppable Domains 2023 Competition (the “Contest”) is sponsored by Unstoppable Domains Inc., a Delaware corporation (“UD”), located at 8465 W Sahara Ave Ste 111 Unit #1017 Las Vegas, NV 89117, United States, and Euclid Labs Inc (“Magic Eden”), together, the “Sponsors”. 

ELIGIBILITY

The Contest is open to residents where entrance of contests is legal, and who are at least 18 years of age or older and the legal age of majority in their jurisdiction of residence.  The Contest is void where prohibited by law.  Participation in the Contest is subject to these rules (the “Official Rules”).  Entries are limited to individuals only; commercial enterprises and business entities are not eligible.  Entries may be limited to the first 750 entries. By participating in the Contest, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsors and warrants that she/he is eligible to participate in the Contest.  Employees, independent contractors, officers, and directors of the Sponsors, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest.  THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.

CONTEST PERIOD

The Contest Ticket Period begins on April 13th, 2023, at 11:00am EST, and ends on April 17th, 2023 at 4:00am  EST (the “Contest Ticket Period”).

The Contest Evaluation Period shall begin on May 1st, 2023 at 12:01am EST and ends on May 3rd, 2023 at 11:59pm EST (the “Contest Evaluation Period). 

PRIZES

25 prizes, consisting of premium domains with Approximate Retail Values between $1,000 and $13,000, including a domain valued at $13,000 for the First Place winner, domains valued at $9,998 for the Second through Sixth place winners, domain valued at $9,000 for the Seventh Place winner, domains valued at $8,000 for the Eighth and Ninth Place winners, domain valued at $7,000 for the Tenth Place winner, domain valued at $6,000 for Eleventh Place, domains valued at $5,000 for Twelfth and Thirteenth Place, domains valued at $3,000 for Fourteenth and Fifteenth Place, domain valued at $2,500 for Sixteenth,  domains valued at $2,000 for Seventeenth and Eighteenth Place, domains valued at  $1,250 for Nineteenth through Twenty Third Place, and domains valued at $1,000 for Twenty Fourth and Twenty Fifth Place, shall be air dropped to the wallets of the winning profiles, and distributed by the Sponsors. The total Approximate Retail Value for the twenty five prizes is $131,740.

 If the advertised prize cannot be awarded for any reason, the Sponsors reserve the right to substitute a prize of equal or greater value. No other substitution or transfer of prizes permitted.  All federal, state and local income taxes on the prizes and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winners. All entrants agree that information provided by the Sponsors is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.  Winners will each receive a 1099 Form as required by law.

HOW TO ENTER

Entrants must purchase a Mystery Box from Magic Eden via https://polygon.magiceden.io/launchpad/mystery_boxes_powered_by_unstoppable_domains by April 16th, 2023 at 11:59pm EST. Mystery Boxes may be limited to the first 750 purchasers. 

All Mystery Box owners will receive a drop of domain with an Approximate Retail Value of $100, beginning on Monday April 17th.

Once owners have received their domain drop, the Owners can begin to build their own UD.me Profile Page, minted to the dropped domain. In order to be eligible for the Contest, the domain must remain in the wallet of the mystery box owner at the time of the snapshot (April 17th at 4am ET)  during the period of the Contest Ticket Period. 

Entrants may generate an UD.me page via Unstoppable Domains to enter. UD.me pages may be obtained at https://support.unstoppabledomains.com/support/solutions/articles/48001203151-how-to-set-up-your-profile. The UD.me shall be evaluated according to the rules below, to determine winners. 

ENTRY CRITERIA AND OBJECTIVES

Entrants shall allow the Sponsors to review the UD.me profile page attached to each Mystery Box and domain. To be considered, the UD.me profile page should include the following: 1.) a Header, 2.) a free Avatar, 3.) a Profile Description, 4.) Social Media Tags, and 5.) your Web3 Website (each, a “Category”). 

Entries will be evaluated by our team and well-known individuals in the Web3 space during the period of May 1st to May 3rd, based on the following categories: Creativity, Innovation, Completion, and Aesthetics (each, a “Criterio”). Each Category shall be given a score of 0-5 for each Criterion (the “Scoring”). 

The 25 entries with the highest total point total shall be moved to the Finals, and be reviewed by Unstoppable Domains and well-known individuals in the Web3 space using the same scoring criteria to determine the allocation of prizes.  

 Ties shall be broken by selecting the highest Originality score for the applicable preliminary or final round among the 2 or more tied entries. If Originality is also tied, then the highest Innovation score shall break the tie.  

In the event a potential winner does not accept a prize, a potential winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected.  The Sponsors are not responsible for and will not be liable for late, lost, misdirected or unsuccessful efforts to notify a potential winner.   

CONDITIONS OF ENTRY

By submitting an Entry, each Entrant represents and warrants that the Entrant meets all eligibility criteria for participation in the Contest. 

DISQUALIFICATION

Sponsors reserve the right to remove, reject or disqualify any Entry, as well as the Entrants who submitted them, that, in its sole opinion, (a) includes inappropriate, offensive or other derogatory language, (b) infringes, misappropriates or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret or right of privacy or publicity, (c) was submitted using false contact information, (d) was generated by a macro, bot or other automated means, (e) was submitted through commercial sweepstakes subscription notification or entering services or (f) violates any of the Official Rules. 

PUBLICATION OF WINNERS LIST

Participation in the Contest constitutes permission for Sponsors to publish a winning Entrant’s UD.me account name and domain name on a list of winners on Twitter and the UD website. A list of winners will be provided upon request to UD by emailing support@unstoppabledomains.com during the Contest Period and for 3 months thereafter. 

Privacy Notice:

As per these Official Rules, Magic Eden and UD will need to collect certain personal information in order to process entries received by email and also to process the redemption of prizes and meet our regulatory obligations. Magic Eden and UD will only use your personal information for these purposes. We will retain information about prize winners for a period of two years for regulatory compliance purposes and personal information collected for Internal Revenue Service purposes for a period of seven years to meet our compliance obligations. You can legal@magiceden.io, or legal@unstoppabledomains.com with enquiries about the use of information.

LIMITATIONS AND DISCLAIMERS

The Contest is subject to all applicable federal, state and local laws, the Official Rules, UD’s Terms of Use and the Privacy Policy and Magic Eden’s Terms of Use and Privacy Policy.

 By participating in this Contest, Entrants agree to abide by and be bound by the Official Rules and by the decisions of the Sponsors with respect to the Contest.  The Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between statements contained in any Contest-related materials and the Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved by the Sponsors in their sole discretion.

The Sponsors are not responsible for: (i) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, Entries; (ii) failed or unavailable hardware, network, software or telephone transmissions that prevent an Entry from being received by the Sponsors; (iii) causes beyond the Sponsors’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (iv) incorrect or inaccurate Entry information whether caused by Entrants or by any of the equipment or programming associated with or utilized in the Contest; (v) any typographical or other error in the printing or advertising related to the Contest, in the administration or execution of the Contest, or in the notification of prize winners; or (vi) any violation of the Official Rules, cheating or fraud by any participant in the Contest.

The Sponsors may suspend, terminate or modify the Contest at any time if they determine, in their sole discretion, that the Contest cannot be executed as provided herein for any reason, including, without limitation, because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsors that corrupt or affect the security, administration, fairness or integrity of this Contest. 

ANY PERSON, WHETHER OR NOT AN ENTRANT, WHO ATTEMPTS TO CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE VIOLATING CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE,

THE SPONSORS RESERVE THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

RELEASE OF CLAIMS

By participating in this Contest, each Entrant agrees to release, discharge and hold harmless the Sponsors and their parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees and agents, from and against any and all liability, loss, injuries or damages associated with participation in this Contest or the acceptance, possession or use of any prize received in this Contest. 

GRANT RIGHTS AND PUBLICITY

Grant of Rights and Publicity. By submitting an Entry in this Contest, all Entrants grant to sponsors an non-exclusive worldwide, perpetual, irrevocable, royalty-free right and license (the “License”) to use, publicly display, publish, or otherwise make use of their Entry, in any media and content whether now existing or later invented without any restrictions, right of approval or advance notification to the Entrants of any kind, for commercial or non-commercial purposes, including without limitation, in future trade, publicity and/or advertising for such Sponsor products and/or services, unless prohibited by law. 

REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

Entrants represent and warrant that: (i) the Entrant is the sole author or owner of, or has the right to use, any copyrightable works that the Entry comprises, that the works are wholly original with the participant (or is an improved version of an existing work that the participant has sufficient rights to use and improve); (ii) the entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (iii) Entrants have obtained written permission from each person whose name, likeness, voice or other intellectual property is used in the entry; and (iv) the publication of the entry (or related Video footage) by Sponsors will not infringe the rights of any third party. Entrants will indemnify and hold harmless, Sponsors from any third party claims to the contrary and any third party claims arising out of or related to Entrants’ Entry or participation in the Contest.

GOVERNING LAW

All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations of any Entrant or the Sponsors in connection with the Contest shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any conflict of law principles.

ARBITRATION   AGREEMENT;   DISPUTE  RESOLUTION   BY   BINDING ARBITRATION: 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsors, whether arising out of or relating to these Official Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by participating in the Contest, you and the Sponsors are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE SPONSORS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND THE SPONSORS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY

TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).   

Pre-Arbitration Dispute Resolution: The Sponsors are always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing the Sponsors’ support teams at: Unstoppable Domains - legal@unstoppabledomains.com; Magic Eden – legal@magiceden.io.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to the Sponsors should be sent to: For Unstoppable Domains – 8465 W Sahara Ave, #1017, Suite 111, Las Vegas, NV 89117, Attn: Legal Department; For Magic Eden – 332 Pine St Ste 800 San Francisco, CA 94104 United States (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If the Sponsors and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsors may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by the Sponsors or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsors are entitled.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Official Rules as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless the Sponsors and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination will be made by AAA.  If your claim is for $10,000 or less, the Sponsors agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void.  The remainder of these Official Rules will continue to apply.

NOTICE  

The Sponsors reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.  

Copyright @ 2023 Unstoppable Domains Inc. and Euclid Labs Inc.  All rights reserved.  Unstoppable Domains Inc. and Euclid Labs Inc and the associated logos are trademarks of UD and Magic Eden. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the property of their respective owners.