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Flip Fantasy Genesis League Terms of Service

Flip Fantasy Genesis League Terms of Service

These are the official rules (the “Official Rules”) that govern the Fantasy Flip Activity Genesis League / Tournament (“Fantasy Flip”). Participation in Fantasy Flip constitutes Entrant’s (defined below) full and unconditional acceptance of these Official Rules and the decisions of the Host (as defined below), which are final and binding. Winning a Prize is contingent upon being and staying compliant with these Official Rules.

  1. Host. Fantasy Flip is promoted, sponsored, and administered by FlipMetrics, Inc. (the “Host”). The Host shall conduct Fantasy Flip substantially as described in these Official Rules.

  2. Eligibility. Fantasy Flip is open to all natural persons who are legal residents of the United States and District of Columbia and any other locations where Fantasy Flip is not prohibited (the “Territory”) who are at least eighteen (18) years old at the time of entry (or the age of majority in entrant’s applicable jurisdiction), or at least thirteen (13) years old with parental consent (the “Entrants”). Entrants shall not include persons residing in territories where Fantasy Flip is prohibited. Entrants also shall not include employees, or shareholders of the Host and their family members. Fantasy Flip is subject to federal, state, and local laws and regulations. Participation is void where prohibited by law.

  3. Entry Period. The Fantasy Flip League tournament will begin on October 3rd, 2022 and shall end on October 31st 2022. After the first two weeks (October 3rd, 2022 through October 16th, 2022), the Host reserves the right to limit new entrance. The entry period will be at least two weeks (the “Entry Period”). The official timekeeping clock shall be the Host’s clock (GMT-5). Entrant’s entry must be received by the Host within the Entry Period to be entered into Fantasy Flip.

  4. Entry. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Entrants will be permitted to enter Fantasy Flip by navigating to the landing page for Fantasy Flip and clicking the “join now” button. If Entrant has a Flip account already, Entrant will be directed to the league page to set up Fantasy Flip. If Entrant does not have a Flip account already, Entrant will receive a pop-up to create a Flip account and then will be redirected to the league page to set up Fantasy Flip. Entrant is required to connect their Twitter username or email to their Flip profile to be eligible to win a prize (for notification purposes), but not for Fantasy Flip entry. Any fraudulent interference with the entry process or attempt to breach these Official Rules may result in Entrant’s disqualification from Fantasy Flip in the sole discretion of the Host. (If you use a mobile device to enter, your wireless-service provider’s data rates may apply.)

  5. Consent. By entering Fantasy Flip, each Entrant is consenting to and agreeing with the following declarations of compliance:

    1. I represent that I am eligible to win the Prize(s);
    2. I represent that I satisfy all eligibility requirements set forth in the Official Rules, which I acknowledge I have read and understood, and any other requirements imposed by law;
    3. I hereby represent and affirm that I have read, understood, complied with and will continue to comply with all the rules, regulations, and terms and conditions set forth in the Official Rules;
    4. I have not perpetrated and will not perpetrate any fraud or deception in connection with the contest and have not sought to influence the outcome other than by participating as expressly permitted in the Official Rules;
    5. I will be responsible for all applicable taxes on any Prize that I may win, and hereby agree to indemnify and hold harmless the Host for any claim by any governmental agency relating back to the collection of said taxes;
    6. I understand that any non-compliance with the Official Rules may result in my disqualification from Fantasy Flip and other penalties from the Host, including, without limitation, loss of any Prize;
    7. I hereby grant the Host an irrevocable fully paid up, worldwide, royalty free, sublicensable and transferable license to display, create derivatives of, and otherwise use my Flip User Name, social media account names, and Entrant’s public wallet address (for Prize Winner) in connection with the promotion, marketing, and making historical reference to Fantasy Flip.
  6. Winner Drawings.

  • Weekly Prizes: The host will review the results of the tournament weekly, and the following prizes will be awarded each week of the tournament. Winners will posted via Flip’s Twitter account (@Flip_xyz). Entrants are eligible to win more than one Prize.

    • Entrant with the greatest percentage profit of the week.
    • Entrant with the highest profit of a collection sweep of 10 or more items
  • Grand Prizes: At the end of the tournament, the following prizes will be awarded. Winners will be posted on the Host’s website. Entrants are eligible to win more than one Prize.

    • The Consolation Prize: The winners of each Weekly Prize will be entered into a drawing for this prize, one entry for each Weekly Prize won during the course of the tournament.
    • The GigaChad: Total ETH winner with the highest Eth profit for the tournament.
  • The odds of being selected depend on the number of Flip Fantasy participants. The Host will attempt to notify the Potential Winners via Twitter or email on or about October 31, 2022, the end date of the month-long tournament (for the Grand Prizes), or each Monday at 12pm EST between one week after the tournament start date and the tournament end date (for the Weekly Prizes) (the “Notice”). If the Potential Winners cannot be contacted (or do not respond) within three (3) days after the date of the Host’s first attempt to contact the Potential Winners (the “Response Deadline”), the Host may select alternate Potential Winners from the remaining Fantasy Flip participants. For the avoidance of doubt, if a Potential Winner does not respond to the Host by the Response Deadline, the Potential Winner will lose any and all right to the Prize (defined below).

  • Prize. The “Winners” (defined below) of Fantasy Flip will receive One of at least Six potential Prizes (Two Grand Prizes and Four Weekly Prizes):

  • Grand Prizes

      Winners will be given a grand prize NFT and a deluxe Flip swag pack.
    
  • Weekly Prizes

Winners will be given Flip swag shipped to a location of their choosing as well as a raffle ticket entry to a Grand Prize drawing from amongst weekly winners.

  • Prizes are non-transferable and no substitution will be made except as provided at the Host’s sole discretion. Entrants waive the right to assert as a cost of winning any Price, any costs associated with claiming or seeking to claim a Price, or using a Price. The Prize may be delivered to each Winner by manner and means that are in the sole and absolute discretion of the Host. Mailing address, email address, Twitter handle and/or public wallet address may be required for delivery of the Prize(s). Further, in lieu of the Prize, the Host may in its sole discretion instead deliver the value of the Prize to each Winner. Each Winner will be solely responsible for any tax obligations that arise as a result of receiving the Prize. Each Prize will be fulfilled within approximately four (4) weeks of the conclusion of the Fantasy Flip Tournament.
  1. Winner Qualification. Each Potential Winner agrees to connect their Twitter username or email to their Flip profile (so the Host has a way of notifying the Potential Winner). If the Host cannot reach the Potential Winner via Twitter or email, either because the Host does not have the Potential Winner’s Twitter username or because the Potential Winner does not respond to the notification Tweet within three (3) days, the Potential Winner forfeits any right to the Prize. Each Potential Winner agrees to submit all required information to the Host in order for the Host to deliver the Prize to that Potential Winner (i.e., mailing address to mail a physical prize, public wallet to send an NFT or crypto prize, or email address to send an electronic prize), within three (3) days of the date that Notice is first sent to the Potential Winner. If a Potential Winner cannot be contacted, fails to provide the delivery information within the required time period, or the Prize is returned as undeliverable, Potential Winner forfeits any right to the Prize. When a Potential Winner responds to the Host before the Response Deadline and provides Host with the necessary contact information to deliver the Prize, the Potential Winner becomes a “Winner” of Fantasy Flip. All Entrants, Potential Winners, and the Winners (as applicable) must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all other applicable requirements, as determined by the Company. In the event that a Potential Winner is disqualified for any reason, Host will award the Prize to an alternate Potential Winner – the next in line to win based on the criteria outlined in Section 6 among all remaining eligible Entrants. Only two (2) alternate drawings will be held, after which the Prize will remain un-awarded, to the extent permitted by law.

  2. Publicity Rights. The Winners (and/or Potential Winners, as applicable) grant to the Host a worldwide, fully paid up, royalty free, irrevocable, sublicensable and transferable license to the Winner’s (and/or Potential Winner’s, as applicable) Flip username, social handles, avatars, and any other content produced as a result of entering Fantasy Flip and/or winning Fantasy Flip (the “Material”) in connection with the promotion, marketing, being listed on the winners list, and making historical reference to Fantasy Flip.

  3. Indemnification. By submitting an entry in Fantasy Flip, each Entrant agrees to indemnify, defend, and hold harmless the Host and its affiliates, designees, parents, subsidiaries, employees, directors, officers, representatives and agents from: (a) any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by the Entrant of the terms and conditions of these Official Rules, including any representations and warranties; (b) any other losses, damages, rights, claims and actions of any kind in connection with or resulting from the entrants participation in Fantasy Flip or acceptance of any prize, including, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy; and (c) use by the Host of Entrant’s entry submission or Winner’s (and/or Potential Winner’s, as applicable) Material as set forth in these Official Rules.

  4. Disclaimer, Release and Limit of Liability. The Host makes no representations or warranties of any kind, express or implied, regarding any Prize or any Entrant’s participation in Fantasy Flip. By participating in Fantasy Flip, each Entrant agrees to release and hold harmless the Host, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with Fantasy Flip, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in Fantasy Flip or receipt or use of any Prize, including, without limitation: (a) any technical errors associated with Fantasy Flip, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in Fantasy Flip; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with Fantasy Flip, including, without limitation, errors that may occur in the administration of Fantasy Flip, the announcement of the Winner(s), or the cancellation or postponement of Fantasy Flip; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants participation in Fantasy Flip or acceptance, receipt or misuse of any Prize. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the greater of (i) the cost of entering and participating in Fantasy Flip, if any, or (ii) the sum of Fifty Dollars ($50), and in no event shall the Entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in Fantasy Flip. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

  5. General Terms. In the event that the operation, security, or administration of Fantasy Flip is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event Fantasy Flip is unable to run as planned for any other reason, as determined by Host in its sole discretion, the Host may, in its sole discretion, either (a) suspend Fantasy Flip to address the impairment and then resume Fantasy Flip in a manner that best conforms to the spirit of these Official Rules or (b) terminate Fantasy Flip and, in the event of termination, award the Prize(s) among the eligible, non-suspect Entrants received up to the time of the impairment. The Host reserves the right to disqualify any Entrant and/or revert a fantasy transaction for any Entrant it determines, in its sole and absolute discretion, to be tampering with the entry process, the operation or results of Fantasy Flip or to be acting in violation of these Official Rules or in an unsportsmanlike or potentially disruptive or manipulative manner. The Host reserves the right to exclude any collection from being tradeable within the Fantasy Flip contest for any (or no) reason before or after a Fantasy Flip trade is completed. Any attempt by any Entrant to damage the Host or undermine the legitimate operation of Fantasy Flip may be a violation of criminal and civil law, and, should such an attempt be made, the Host reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Host to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

  6. Privacy & Information Submitted. The Host collects information from each Entrant when the Entrant enters Fantasy Flip. As a condition of entering Fantasy Flip, Entrant consents to the Host obtaining and delivering his or her name, address and other information to third parties for the purpose of administering Fantasy Flip and to comply with applicable laws, regulations, and rules (for example, to deliver a physical prize). Any information provided by Entrant may be used to communicate with Entrant in relation to Fantasy Flip. Information submitted in connection with Fantasy Flip will be treated in accordance with any applicable data protection laws and Flip’s General Privacy Policy.

  7. Arbitration. By participating in Fantasy Flip, each Entrant agrees that should a dispute arise in any manner concerning or relating to this Agreement between the Entrant and the Host, including the arbitrability of this Agreement, other than injunctive relief and equitable relief, the dispute shall be submitted to and settled by binding and confidential arbitration in accordance with the rules of the American Arbitration Association in Delaware. Parties involved in arbitration shall bear their own legal fees and costs in any arbitration and shall equally split the fees of the arbitration and the arbitrator. Any decision and findings of the arbitrator shall be final and binding on the Parties and held confidential by the Parties, and the Parties agree to execute all documents necessary to maintain such confidentiality.

  8. Governing Law and Disputes. Each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, Fantasy Flip or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants rights and obligations, or the rights and obligations of the Host in connection with Fantasy Flip, shall be governed by, and construed in accordance with, the laws of Delaware, without giving effect to any choice of law or conflict of law rules.

  9. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or any Prize acceptance documents will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Host’s failure to enforce any term of these Rules will not constitute a waiver of that provision.  Entrant agrees to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Fantasy Flip materials, privacy policy or terms of use on the Site and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

  10. FlipMetric’s standard Terms of Service still apply to all Fantasy Flip participants.