OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET CONNECTION IS REQUIRED TO ENTER.
BY ENTERING THE SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THE SWEEPSTAKES IS NOT SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH ANY SOCIAL MEDIA ENTITY, INCLUDING BUT NOT LIMITED TO TWITTER. YOUR USE OF TWITTER IS GOVERNED BY TWITTER’S PRIVACY NOTICE AND TERMS.
GENERAL
1. Sponsor
Bryan Brinkman Bear #28/79 (“Sweepstakes”) is exclusively sponsored by Gemini Trust Company, LLC, 315 Park Avenue South, 18th Floor, New York, New York 10010 (“Sponsor” or “Gemini”).
2. Eligibility:
The Sweepstakes is open only to legal residents of any of the fifty (50) United States and the District of Columbia and the United Kingdom who are at least eighteen (18) years of age and the age of majority in their state of residence on the date of entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, or their parent companies, divisions, subsidiaries, and affiliates (collectively, the “Sweepstakes Entities”) are not eligible.
3. Sweepstakes Period:
The “Sweepstakes Period” begins at 4:00pm Eastern Time (“ET”) on November 14, 2022 and ends at 11:59pm ET on November 16, 2022.
4. How to Enter:
During the Sweepstakes Period, to participate and enter this Sweepstakes, eligible individuals (“Entrants”) must complete ALL of the following steps (an “Entry”):
In addition to retweeting the Sweepstakes announcement, an Entrant must also:
Create and be approved for a verified Nifty Gateway account (if you do not already have one);
Create and be approved for a verified Gemini account (if you do not already have one);
Connect their Nifty Gateway account to their Gemini account; and
Have linked a valid funding source to at least one of their Gemini or Nifty Gateway accounts
Limit one (1) Entry per person. Multiple Entries from any person will be void. A Twitter account is needed to complete an Entry. Establishing a Twitter account is free.
Note: Nifty Gateway and/or Gemini accounts that were created during the Sweepstakes Period but not verified or linked to a valid funding source by the Sweepstakes Selection Date will not result in an Entry.
Entrant’s Twitter account must be set to “public” and Entrant must follow @Gemini on Twitter. Entrant can return their account to “private” and/or unfollow @Gemini any time after the winner has been announced. Establishing a Twitter account is free. All applicable Twitter terms apply.
It is free to create a Nifty Gateway account. By submitting your information and creating a Nifty Gateway account, you will be required to agree to the Nifty Gateway terms of use and privacy policy. If you do not agree to the Nifty Gateway terms of use and privacy policy, you cannot create a Nifty Gateway Account. It is free to create a Gemini account. By submitting your information and creating a Gemini account, you will be required to agree to the Gemini terms of use and privacy policy. If you do not agree to the Gemini terms of use and privacy policy, you cannot create a Gemini Account. If you are not selected as a winner in this Sweepstakes, you may cancel your Nifty Gateway account and/or your Gemini account (and/or unlink same) at any time after the winner announcement.
Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Sweepstakes. Gemini’s database clock (which is set to ET) will be the official timekeeper for this Sweepstakes. Entries that are generated by a macro, bot, or other automated means or any means which subvert the entry process will not be accepted and will be void. Entries made through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each Entrant gives consent for Sponsor and its agents to obtain and deliver their name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules, including in order to review Entrant’s Nifty Gateway Account Application. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Sweepstakes in accordance with its Privacy Policy, located at https://www.gemini.com/legal/privacy-policy.
5. Winners Selection:
Potential prize winner (“Prize Winner”) will be chosen in a random drawing. Your odds of winning depend on the number of eligible Entries received. Potential Prize Winner will be selected on or about November 18, 2022 (“Sweepstakes Selection Date”) from among all eligible Entries received, although Prize may not be delivered until approximately three (3) months afterwards.
6. Winner Notification:
The potential Prize Winner will be notified by direct message via Twitter (a “Winner Notification”) on or about one (1) week after Sweepstakes Selection Date and may be required to execute and return an affidavit (or declaration) of eligibility, a liability release, a W-9 form (if a U.S. resident), if applicable, and, where lawful, a publicity release within the time period specified in such notification.
If Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if potential Prize Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), or if the potential Prize Winner fails to respond to a Winner Notification and/or to sign and return all documentation (if required) within the time periods set forth herein, the prize will be forfeited and an alternate winner may be randomly selected in Sponsor’s sole discretion. Sponsor reserves the right to modify the timing, selection and notification procedures in connection with the selection of any alternate potential Prize Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim the Prize, the potential Prize Winner must follow the directions in their Winner Notification.
7. Prize:
One (1) Non-Fungible Token (“NFT”) from Bryan Brinkman Bear #28/79 collection (the “Prize”). The Prize has an approximate retail value of $639 USD, as evaluated at the time this Sweepstakes commenced. Actual value of Prize may differ at time of Prize award. The NFT is subject to the terms and conditions provided by the issuer. All federal, state and local taxes and any costs and expenses associated with Prize acceptance and use not specified herein as being provided are the responsibility of Prize Winners including, but not limited to, the gas fee to accept the NFT.
The Prize Winner will receive the Prize via a transfer into their Nifty Gateway Account. Unless the Prize Winner has been approved for a Nifty Gateway Verified Account, and completed Nifty Gateway’s onboarding process (which includes identification verification and acceptance of our User Agreement and Privacy Policy), the Prize Winner will not be able to accept a Prize.
All Prize details will be determined in Sponsor’s sole discretion. Sweepstakes Entities are not responsible for and will not replace any lost or stolen Prize or if the Prize is undeliverable or does not reach the Prize Winner because of incorrect or changed contact information. If the Prize Winner does not accept the Prize, the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize. Sweepstakes Entities are not responsible for any inability of the Prize Winner to accept or use the Prize for any reason. No transfers or prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. No more than one (1) Prize will be awarded. Sponsor reserves the right to substitute a prize of comparable or greater value, in its sole discretion.
8. Licenses and Approvals:
Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Sweepstakes. In addition, to the extent permitted by law, by submitting an Entry in this Sweepstakes, Entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Entrants name, voice, persona, likeness, image, prize information, any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Sweepstakes, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releasees (as defined below) from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANT’S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANT’S NAME AND STATE OF RESIDENCE, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
For Entrants resident in the United Kingdom: By entering this Sweepstakes, each entrant acknowledges that if they win a prize, their surname and county of residence may be disclosed to persons enquiring, where permitted by law. Any entrant may object to their information being made available in this way or may request that the amount of information made available be reduced, by contacting the Sponsor at press@gemini.com. In these circumstances, the entrant acknowledges that the Sponsor may nevertheless disclose such information in full to the UK Advertising Standards Authority if required to do so. This may happen where, for example, the Sponsor is required to demonstrate that a valid award took place. To request disclosure of the winners’ details, enquirers must submit a request by email to press@gemini.com by no later than 30 days following the Sweepstakes Selection Date. Details will only be disclosed (if permitted by law) after the Prize has been validly claimed.
9. Limitation of Liability:
The Releasees are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, tweets, direct messages, @replies, e-mail, mail, Sweepstakes-related correspondence or postage-due mail or other communications of any kind or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of the Prize or in any Sweepstakes related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Sweepstakes related advertisements or other materials; or (h) lost or unavailable network connections. Releasees are not responsible for electronic communications that are undeliverable as a result of failure of Entrant to check their direct messages. Releasees are not responsible, and may disqualify Entrant, if his or her email address, telephone, direct message, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, Entrant’s sole remedy is another Entry in the Sweepstakes.
AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SWEEPSTAKES ENTITIES, TWITTER, INC., AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE PARTICIPATION IN THE SWEEPSTAKES AND/OR USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE OR ITS VALUE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
For Entrants resident in the United Kingdom: Nothing in these Official Rules shall limit or exclude the liability of the Releasees for death or personal injury caused by their negligence, for fraud, or for any other reason that cannot be limited or excluded under the laws of any part of the United Kingdom.
10. Additional Disclaimers:
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any Entrant or Prize Winner or any person claiming through such Entrant or Winner for failure to supply the Prize in the event that any of the Sweepstakes activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic/pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
11. Disputes and Governing Law:
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEES ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS (US$10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in New York, New York, and each Entrant accepts and submits to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising from or relating to this Sweepstakes or these Official Rules.
12. General Rules:
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Sweepstakes, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prizes from all non-suspect eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the Entrant will be declared to be the registered account holder of record for the account submitting an Entry during the Sweepstakes Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each potential Prize Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT.
13. Winner’s Name:
For the name of the winner, send a self-addressed, stamped, #10 business envelope to Gemini Trust Company, LLC, ATTN: Winner’s List Request, 315 Park Avenue South, 18th Floor, New York, New York 10010. Winner’s List request must be received within three (3) months of the end of the Sweepstakes Selection Date.
