AN NFT WITH
UTILITY YOU CAN EAT

OPEN FOR PRE-MINT

MINT PRICE: FREE

NFT COLLAB OPEN FOR PRE-MINT

MINT PRICE: FREE

TERMS &

CONDITIONS

“Supper Club International NFT Day” Sweepstakes

Official Rules

1. NO PURCHASE NECESSARY: No purchase or payment is necessary to enter. A purchase or payment will not increase your chances of winning.

 

2. PROMOTION PERIOD AND SPONSOR: This Supper Club International NFT Day 2022 Giveaway (“Sweepstakes”) is sponsored by Captain XYZ, Inc (“Sponsor” or “Captain”) and runs on September 20, 2022 from 12pm to 7pm CT.

 

3. ELIGIBILITY: The Sweepstakes is open to legal residents of Chicago, 18 years of age or older at the time of entry. Valid proof of age will be required to collect any prize. Employees, officers, and directors of Sponsor and Sponsor’s franchisees, parents, affiliates, distributors, retailers, advertising agencies, promotion agencies, and judging agencies (and the immediate families and household members of each of the foregoing) are not eligible to win.

 

4. PRIZES & ODDS: A maximum of one hundred and fifty NFTs (150) are available: Series Zero NFTs. We will also airdrop $20 Foodcoin per NFT (up to $100 Foodcoin per person, and up to $3000 Foodcoin for the entire event) to be redeemed online at one of the participating restaurants: https://www.supperclub.xyz/foodcoin-chicago. No cash redemption or substitution is permitted, except by Sponsor, who may substitute a prize of equal or greater value if any advertised prize becomes unavailable. At the time of payment, Foodcoin will not be combined with other methods of payment. Your purchase will need to be equal or less than the amount of Foodcoin available. We reserve the right to change the restaurants where you can redeem Foodcoin at any time with no previous notice. Any and all federal, state, and local taxes, and any other related expenses on prizes, if any, are the sole responsibility of the winner. Each NFT is subject to the terms of the “smart contract” governing the NFT and available for review at www.supperclub.xyz/nftday (the “NFT Landing Page”). The offered NFTs are intended just for fun and have no established market value. No representation is made that any NFT will have any monetary value whatsoever, either now or in the future. The odds of receiving an NFT prize depend on the number and timing of eligible Submissions.

 

5. HOW TO ENTER: Eligible individuals may enter the Sweepstakes in the following way (each, a “submission”): Find a Foodmoji around Chicago, download the Supper Club app, tab the NFC and mint your NFT. “Claiming” is free. Individuals entering the sweepstakes (“Entrants”) are not required to register, pay any entrance fees, or make any expenditure in order to participate in the Sweepstakes or win a prize. No correspondence regarding Submissions will be acknowledged or entered into with Entrants. Sponsor is not responsible for late, lost, incomplete, illegible, stolen, damaged or misdirected Submissions (all of which are void). In case of any dispute as to the identity of any Entrant, the Submission will be deemed as having been made by the "Authorized Account Holder" of the email address included in the Submission, defined as the natural person who is assigned to (a) an email address by a telephone company, wireless service provider, internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses. Limit one (1) Submission per eligible person. Any attempt to participate more than one (1) time per NFT, whether by use of multiple identities, email address, or other means is grounds for disqualification. No automated methods of participation are allowed.

 

6. SELECTION OF WINNERS. Winners are determined based on the first one thousand (1000) eligible Entrants who successfully “claim” one of the available NFTs on the NFT Minting Page during the Promotion Period, up to a maximum of 1000 NFTs. No Entrant may win more than one prize during the Sweepstakes. Winners will be notified immediately upon successful “minting” of the NFT on the app.

 

7. JUDGES’ DECISIONS FINAL. Decisions of the Sweepstakes judges regarding all matters relating to the Sweepstakes are final and binding.

 

8. TERMS & CONDITIONS. As a condition of participating, each Entrant agrees to the following terms and conditions:

 

8A. Use of Name and Likeness. In order to receive a prize, each potential winner must provide Sponsor or its representative with his or her name, address, email address, telephone number and all other information reasonably required by Sponsor and may be required to execute and return a liability and publicity release (where permitted by law) or the prize may be forfeited and an alternate winner selected. If any potential winner is deemed a minor under the laws of his/her place of residence, a parent or legal guardian must sign any required documents. Each Entrant consents and grants Sponsor the right, in Sponsor’s sole discretion, perpetually, and throughout the universe, to use and to license others to use the submission as well as Entrant’s name, voice, actions, activities, biographical information and likeness (video-recorded, photographic, illustrated, or otherwise), prize information, any quotes attributable to him or her and any other indicia of persona, together or separately, factually and/or fictionally, in any manner whatsoever, in and in connection with the production, exploitation, and/or distribution of any marketing materials by Sponsor (each, a “Project”), with the right to edit, distribute, exhibit, broadcast, exploit, promote, and advertise the Project, including excerpts therefrom, in any and all manner and media (whether or not now known or recognized), including, without limitation, by means of print, television, radio, DVDs, mobile devices, the internet, and computer-assisted media. Entrant waives any right to inspect such use. Entrant releases Sponsor and its agents, officers, directors, attorneys, employees and each of their respective successors and assigns, from all liabilities, claims, demands and actions (including, without limitation, claims of defamation, false light, invasion of privacy, the commercial exploitation of my image, and any claim of alteration, optical illusion, distortion, faulty mechanical reproduction or illusion in sound reproduction of my image) that may be asserted in connection with the rights herein granted, and Entrant specifically waives any right to damages or to any injunctive or equitable remedies in connection herewith. Entrant will indemnify and hold Sponsor harmless from any third-party claims arising from Sponsor’s exploitation of the rights granted herein. The rights granted herein shall not be construed to limit or affect any right that Sponsor might otherwise be entitled to at law or equity, whether as a member of the general public or otherwise. In the event of a conflict between these Official Rules and Sponsor’s privacy policy, these Official Rules will govern.

 

8B. Compliance with Law and Official Rules. Entrants must conduct themselves in a respectful manner at all times and to abide by all federal, state and local laws and regulations, and be bound by these Official Rules.

 

8C. Waiver and Release. Neither Sponsor nor any of its parents, affiliates, subsidiaries, distributors, retailers, or any of their respective shareholders, directors, officers, distributors, franchisees, employees or promotion/advertising agencies will have any liability whatsoever for any injuries, losses, harm, damage, cost, or expense arising from or in connection with participation in this Sweepstakes or any prize-related activities, or the acceptance, possession, use and/or misuse of a prize including, without limitation, any personal injury or death associated with the use of the prize.

 

8D. Indemnification. Each Entrant hereby releases, indemnifies and holds harmless Sponsor and its and officers, directors, employees, representatives, agents, affiliates, parents and subsidiaries from any and all suits, actions, claims, demands, losses, costs, expenses, judgments, awards, liabilities, obligations and damages, including but not limited to attorneys’ fees and costs to the extent arising from or caused by the acts or omissions of any Entrant in connection with the Sweepstakes, including, without limitation any claim related to the Entrant’s Submission or the content therein.

 

8E. Additional Disclaimers. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of entries. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any person’s computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. If the Sweepstakes is terminated before the designated end date for the foregoing reasons, Sponsor will (if possible) select winners of any remaining prize(s) via a random drawing from among all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy in such circumstances.

9. OTHER. CAUTION—ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING, REASONABLE ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, Sponsor reserves the right to disqualify any Entrant from the Sweepstakes who behaves in a way the reflects negatively on Sponsor or undermines the legitimate operation of the Sweepstakes, does not comply with these Official Rules or violates any federal, state or local law or ordinance in connection with the Sweepstakes. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.

 

10. By entering the Sweepstakes, you agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of California without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in California for resolution of any disputes relating to the Sweepstakes and waive any objection thereto.

 

11. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.

 

12. WINNER LIST. For a list of winners, available after September 21, 2022, send an email to support@gocaptain.com. All requests must be received by October 22, 2022. We reserve the right to cancel or modify at any time.

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