NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR 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.
The StreetCred MapCES Contest consists of three separate contests (each a "Contest"), each of which is governed by these Official Rules. The first Contest begins at 12:00 a.m. Pacific time on Tuesday, January 8, 2019 and ends at 11:59 p.m. Pacific time on Tuesday, January 8, 2019. The second Contest begins at 12:00 a.m. Pacific time on Wednesday, January 9, 2019 and ends at 11:59 p.m. Pacific time on Wednesday, January 9, 2019. The third Contest begins at 12:00 a.m. Pacific time on Thursday, January 10, 2019 and ends at 11:59 p.m. Pacific time on Thursday, January 10, 2019. The beginning of each Contest is referred to as the "Contest Start Date" and the end of the Contest is referred to as the "Contest End Date" with each such period referred to herein as a "Contest Period" as applicable to the corresponding Contest. The Contest is sponsored by StreetCred Labs, Inc. (the "Sponsor"). The Contest is in no way sponsored, endorsed or administered by, or associated with, Apple, Coinbase or any digital wallet provider.
Add a point-of-interest in Las Vegas (each a "Place") using the Mobile Application (each a "Place Entry"). You will be eligible to receive one or more points (each a "Point") for each qualifying Place Entry; and/or
Successfully validate another participant's Place submission within the Mobile Application (each a "Validation Entry"). You will be eligible to receive one or more Points for each qualifying Validation Entry.
Successfully update a validated Place submission within the Mobile Application (each a "Place Update") by adding a photo or updating Place data such as hours of operation, handicap accessibility, outdoor seating, or other eligible Place data.
Place Entry, Validation Entry and Place Update transactions will earn points per the table below:
|Place Update: Add a Photo||1|
|Place Update: Hours, Wheelchair Accessibility, Outdoor Seating, etc)||3|
2. PRIZE: There will be one (1) winner for each Contest based on their total number of Points as of the applicable Contest End Date for the corresponding Contest, as validated, confirmed and, if applicable, adjusted during the Assessment Period. The prize for each Contest winner will be $1,000.00 in USD Coin USD ("USDC") as stated at https://www.coinbase.com/price/usdc at the applicable Contest End Date, and subject to deduction for the dollar amount of any transfer, exchange or other fees applied by any digital wallet provider or other intermediary. USDC is subject to market fluctuations, so the dollar value of USDC at the time awarded may be more or less than values as of the applicable Contest End Date . There are no cash substitutions. The odds of winning the prize depend on the number of entries received during the Contest Period and validated during the Assessment Period. The Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Winners of prizes totaling over $600 will be issued an IRS 1099 U.S. Tax Form "Miscellaneous Income" for the actual value of the prize, and are advised to seek independent counsel regarding the tax implications of the prize winnings.
3. ELIGIBILITY: Each Contest is only open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age as of 11:59 p.m. Pacific time on the day before the applicable Contest Start Date, who submit entries when physically located in Las Vegas, Nevada, have downloaded the Mobile Application and submitted the required information, and have submitted valid Place Entries, Validation Entries and/or Place Updates during the applicable Contest Period, as set forth in Section 1 above. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in a Contest, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor, and warrants that the participant is eligible to participate in the Contest. Employees, volunteers, independent contractors, officers and directors of the Sponsor, its affiliates and subsidiaries, its advertising, promotion and fulfillment agencies or its legal advisors and such parties' immediate family members and persons living in the same household are not eligible to participate in the Contest. EACH CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
4. SELECTION OF WINNER: Following the applicable Contest Period, there will be a fourteen (14) day period (the "Assessment Period") during which time Sponsor will validate entries and corresponding Point calculations and determine total amount of Points each participant has earned for the applicable Contest. In the event of a tie between two or more participants with the same amount of valid Points, the applicable prize will be divided equally between such participants which properly claim the prize.
The winner of each Contest will be notified via the email address they provided by the conclusion of the Assessment Period. Such notification shall include instructions for proper acceptance of the prize, which includes opening and/or providing transfer details for a digital wallet to receive USDC and, where lawful, may also include the requirement for execution and return of an Affidavit of Eligibility, Release of Liability and Publicity Release. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a potential winner. Each potential winner may also be required to provide proof of identification. In the event a potential winner does not accept the prize within five (5) business days of notification, or if such potential winner is ineligible, fails to provide a valid digital wallet address, fails return or provide any documentation or identification requested in accordance with these Official Rules, or the prize or prize notification is not deliverable, then that prize shall be deemed forfeited and void as to that participant, and shall not be available or awarded to any other participant unless such prize is to be divisible between multiple recipients. Each prize recipient agrees to the Sponsor's use of the winner's name, address, likeness and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.
5. ADDITIONAL CONDITIONS: The Sponsor and its agents, directors, officers, shareholders, employees, insurers, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion and fulfillment agencies and legal advisors (the "Released Entities"), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled or delayed computer or email transmissions; (d) any condition caused by events beyond the control of the applicable Released Entity; (e) any injuries, losses or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession or use of any prize, or any portion thereof that may have been awarded, or from participation in a Contest; (f) any printing or typographical errors in any materials associated with a Contest; (g) any act, failure to act, or conduct of a digital wallet provider or the inability of participant to convert or exchange USDC into other monetary value; or (h) any fluctuations in the value of USDC. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel any Contest should any unauthorized human intervention or other causes beyond the Sponsor's control corrupt or affect the administration, security, fairness or proper conduct of the Contest. By participating in a Contest, participants agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of that Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to that Contest, participation in that Contest, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or a participant's right of publicity. Each Contest shall be governed by New York law.
6. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate. This Section 6 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 Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), a Contest, your participation in a Contest, the prizes, acceptance, possession use or misuse of the prizes, any advertising or any aspect of the relationship or transactions between you and the Sponsor, shall 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 the Sponsor on your behalf. You agree that, by participating in a Contest and entering into these Official Rules, you and the Sponsor 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 SPONSOR 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 SPONSOR 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 Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant's satisfaction by emailing firstname.lastname@example.org. 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 Sponsor should be sent to StreetCred Labs, Inc., 26 Broadway, 3rd Floor c/o Primary, New York, NY 10004, Attn: Legal ("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 Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is 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. 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 Sponsor 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 shall be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees 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 shall 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 Section 6(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 shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
7. WINNERS LIST: To obtain the first name, last initial, city and state of the winner after the Assessment Period, send a separate self-addressed, stamped envelope marked "StreetCred MapCES Contest Winners List" to the Sponsor. Requests for the winners list must be received no later than ninety (90) days from the end of the Assessment Period (residents of Vermont and Washington need not include return postage).
StreetCred Labs, Inc.
3rd Floor c/o Primary
New York, NY 10004
9. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of a Contest in violation of these Official Rules and/or criminal and/or civil law.
Copyright © 2018 StreetCred Labs, Inc. All rights reserved. StreetCred and the associated logos are trademarks of StreetCred Labs, Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.