Last Updated: September 12, 2021
The Platform allows artists, entertainment properties, talent, retail brands, performers, celebrities, sports teams, sports talent, and anyone with a fan base or brand to create unique, one-of-kind digital merchandise (“Digital Collectibles”) for their fans and other consumers to collect through purchases, giveaways or other means.
To ensure each Digital Collectible’s unique authenticity, Sweet uses blockchain-based non-fungible token (“NFT”) technology to demonstrate rights ownership and authenticity. Possession of an NFT is similar to receiving a “certificate of authenticity” along with unique physical merchandise, such as a signed baseball card.
Sweet mints each Digital Collectibles series on the public blockchain, and once committed to the public blockchain, the series cannot be edited or changed, including by Sweet or any other third party. Sweet’s use of the public blockchain offers an open ledger reporting and tracking capability that can help to ensure rights ownership and authenticity.
Sweet shall also have the right, at any time and without liability, to update, modify, alter, enhance, or eliminate the features, layout, structure, front-end, navigation, appearance, functionality and other elements of all or a part of the Platform, and any aspect, portion or feature thereof.
“Account” refers to a User Account or a Brand Account as applicable to you.
“Affiliates” means a party’s subsidiaries, successors, assigns, or owners, and any company that has a business relationship with them, including without limitation, managers, entertainers, agents, companies, distributors, vendors, suppliers, licensees and any of their shareholders, officers, directors, employees, attorneys, accountants, or other representatives.
“Brands” refers to any person or entity with a Brand Account on the Platform. Brand accounts are intended for artists, entertainment properties, talent, retail brands, performers, celebrities, sports teams, sports talent, or any person or entity that has a user or fan base and has an account on the Platform (“Brand Account”).
“Rewards” include, but are not limited to, Digital Collectibles, unique Brand merchandise, prizes, and experiences, or Sweet provided rewards and experiences. Both Sweet and Brands have flexibility to use the Platform to offer many kinds of prizes and rewards including unique prizes and one-of-a-kind items or experiences, many of which are not generally for sale or available as a service by the Brand.
“Services” means any features, functions, services, content, rewards, offers or other information available on or through the Platform.
“Users” refer to any person, fan, or entity that has a standard account (“User Account”) on the Platform.
USE OF THE SWEET PLATFORM
To access and participate with the Platform and our Services you will need to create an Account, which can be a Brand Account, as a Brand, or User Account, as an individual User. By creating an Account, you agree to: (a) provide accurate, current and complete account information as required, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your Account, (d) accept all risks of unauthorized access to your Account and the information you provide to us, and (e) immediately notify us by using the “Contact Us” or “Help” component of the Platform if you discover or otherwise suspect any security breaches related to the Platform or your Account. Your Account is personal to you and you are responsible if you allow others to use it. We are not liable for any direct or indirect harm caused or related to the theft or misappropriation or disclosure of all or any portion of your Account access details, or your authorization of anyone else to use your Account.
IN APP PURCHASES
In-App Purchases. Through the Applications, you may purchase (“In App Purchase”) certain goods designed to enhance the performance of the Services (“Goods”). When you purchase Goods, you are doing so through either Apple iTunes service or the Google Play service, as applicable, and you are agreeing to their respective Terms and Conditions. (http://www.apple.com/legal/internet- services/itunes/us/terms.html : http://play.google.com/intl/en_us/about/play-terms.html). We are not a party to any In App Purchase.
DIGITAL COLLECTIBLES (NFTS)
Sweet may create, or coordinate with Brands to create the definition for each collectible series on the public blockchain, including the total number available and the collectible images. Once committed to the public blockchain, the series cannot be edited or changed by any party including Sweet or the Brand. Sweet uses the Simple Ledger Protocol / SLP chain or other similar blockchain which offers an open ledger reporting and tracking capability suitable to ensure rights ownership and authenticity.
When a user obtains a collectible within a series, a specific collectible “child” (an NFT) is created by Sweet with a distinct sequence number. The sequence number of the collectible will never exceed the total inventory requested by the Brand for the series. An NFT is a type of cryptographic token which represents something unique. Unlike cryptocurrencies and other fungible digital assets, NFTs are not used to make payments. Non-fungible Tokens are not mutually interchangeable and can’t be divided into smaller parts. These design features limit the usefulness of NFTs as a form of payment or substitute for currency. Instead, NFTs are enjoyed as Digital Collectibles.
Each NFT has its own unique “immutable data” such as total inventory, artwork, audio files, and other information which can never be changed. In some cases, Users may be able to add on to, customize, or enhance an NFT but any such changes will be additional enhancements and not change the underlying NFT.
Brands using the Platform to distribute Digital Collectibles understand that any future value of a Digital Collectible is based solely on consumer interest and demand for that Digital Collectible and not something that Sweet or the Brand can control or will attempt to control or influence. Brands agree to not promise any future value of Digital Collectibles in, among other things, promotion or marketing of such collectibles.
LIMITED LICENSE TO LOGOS, ARTWORK, ILLUSTRATIONS AND OTHER CONTENT EMBEDDED IN DIGITAL COLLECTIBLES
You acknowledge and agree that you do not own any logos, illustrations, photos, or any other forms of artwork, nor any copyrights or other proprietary rights therein, collectively the “Content” embedded in Digital Collectibles as part of the immutable data. Such Content is owned by Sweet, Brands, licensors, artists, or other partners, and is licensed, not sold. For clarity, each Digital Collectible is comprised of an NFT and Content that is associated with such NFT, such that if you own the NFT, and only for so long as you own such NFT, you will receive a license to access, display, and/or perform such Content through the NFT, subject to applicable terms and conditions.
You agree that you may not modify or attempt to modify the original Content associated with your Digital Collectibles in any way, and you agree you will not use the Content embedded in Digital Collectibles for any commercial benefit or distribute to any third party for commercial benefit.
DIGITAL COLLECTIBLE USE
YOU REPRESENT AND ACKNOWLEDGE THAT YOU ARE COLLECTING, TRADING OR PURCHASING DIGITAL COLLECTIBLES SOLELY FOR YOUR OWN COLLECTION, USE AND ENJOYMENT, AND NOT FOR SPECULATIVE OR INVESTMENT PURPOSES, FOR USE AS A SUBSTITUTE FOR CURRENCY OR MEDIUM OF EXCHANGE, RESALE OR REDISTRIBUTION AND THAT YOU ARE NOT ACQUIRING ANY EQUITY OR OTHER OWNERSHIP OR PROFIT-SHARING INTEREST IN SWEET, ITS AFFILIATES OR ANY BRAND AS A RESULT OF YOUR ACQUISITION OF DIGITAL COLLECTIBLES.
YOU WARRANT AND COVENANT THAT YOU WILL NOT PORTRAY THE DIGITAL COLLECTIBLES AS AN OPPORTUNITY TO GAIN AN ECONOMIC BENEFIT OR PROFIT, OR AS AN INVESTMENT, EQUITY, OR ANY OTHER OWNERSHIP OR PROFIT-SHARING INTEREST IN SWEET, ITS AFFILIATES OR ANY BRANDS.
YOU REPRESENT AND ACKNOWLEDGE THAT LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE DIGITAL COLLECTIBLES.
As a Platform feature, you can choose how to display your owned Digital Collectibles in a virtual “trophy case” for others to view and enjoy. This virtual trophy case can be fully customized by Users and can be displayed within a public profile on the mobile app and on the web. Users can optionally add narrative and other metadata text to each collectible, explaining how they obtained the collectible and why it’s special to them. The virtual trophy case can also be put into “display mode” for projection on TVs and other displays for the enjoyment of others. The Platform also enables Brands to add additional utility to collectibles where proof of ownership can grant Users personalized benefits such as VIP access at a concert or event. Subject to any applicable conditions provided by Sweet and/or your local jurisdiction you may also, if available to you, choose to move your owned Digital Collectibles off the Platform to hold, use or display outside of the Platform in any manner of your choosing in which case Sweet shall have no further visibility of such Digital Collectibles.
Although many Users have no interest in parting with their Digital Collectibles, should you ultimately decide in the future to trade or sell your Digital Collectible, you understand that your Digital Collectibles are unique, and the value of your Digital Collectible is solely dependent on another person’s interest in your unique Digital Collectible and what he or she would be willing to trade for it or spend to purchase it. You understand that the value of your unique Digital Collectible is driven by many factors outside of your control and outside of Sweet and its Brand partners’ control, such as a buyer’s own connection and affinity with your unique Digital Collectible, the general interest in the talent or brand associated with the Digital Collectible (which can increase or decrease over time), general interest in collectibles both physical and digital overall, and many other factors. Given the above factors, you understand there is no guarantee that, should you ultimately want to sell or trade your unique Digital Collectible, you will be able to find a buyer for it or a person to trade with for your Digital Collectible, and if you are able to find a buyer or person to trade with, there is no guarantee that value of what you receive or the price you receive will be higher or lower at any time as compared to what you perceive as your value or what you spent or traded for to obtain your Digital Collectible. Ownership of a Digital Collectible does not give you any rights to equity or other ownership in Sweet or any of its affiliates or Brands.
TRANSACTIONS, FEES AND TAXES
We may make available the ability to purchase or otherwise obtain Digital Collectibles through the Platform (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Digital Collectibles will be used only in a lawful manner.
Sweet reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Digital Collectible; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Digital Collectible. Refunds and exchanges will be subject to Sweet’s or the relevant Brand’s applicable refund and exchange policies. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
You agree to pay all charges incurred by you or on your behalf through the Platform, at the prices in effect when such charges are incurred. You are responsible for compliance with any tax obligations arising from your use of the Platform and are advised to consult with a tax advisor regarding your specific state, local, federal requirements for your jurisdiction or country. We shall bear no liability or responsibility with respect to any non-Sweet tax obligation. Sweet reserves the right in its absolute and sole discretion if Sweet deems it is within Sweet’s obligation for compliance with laws to issue you tax forms or disclosures, including but not limited to, Form 1099’s and to require that you complete any such additional information as may be required for Sweet to comply with governmental requirements. You agree to indemnify, defend, and hold Sweet, Brands and Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to provide required documentation or pay any appropriate taxes to the proper governmental authorities. To the extent that Sweet determines that it is liable or responsible in any jurisdiction for collecting or remitting any tax or providing transaction data to relevant authorities, Sweet has the right to implement such measures as it deems necessary, it its discretion, for ensuring compliance.
Sweet may provide functionality for a Digital Collectible such that certain downstream transfers for value of such Digital Collectible by you (e.g., to another consumer who collects Digital Collectibles) or to you (e.g., from another consumer transferring the Digital Collectible) that occur on the Platform may generate Content-related royalties to a Brand or its designee(s) based on the value of any such transfer and Sweet may charge a transaction fee for any transactions taking place on or in connection with the Platform.
Sweet shall also be entitled to recoup or pass on any third-party transaction fees (including but not limited to debit card, credit card, PayPal fees) and, to the extent applicable, sales tax amounts incurred from your use of the Platform.
Sweet does not receive, custody, or process any payment of U.S. dollars or cryptocurrency in connection with transactions on the Platform involving Users. All transfers of U.S. dollars and cryptocurrencies between Users and Sweet, as applicable, are processed by third-party payment service providers, and your use of these services is subject to such third-party service providers’ terms and conditions.
OWNERSHIP AND PROPRIETARY RIGHTS
The names, logos, trade names, trademarks, service marks and other distinctive identifications on or off the Platform, including, without limitation, SWEET and / or our stylized logo, and the Sweet Bot logo: (among others) (collectively “Marks”) are the trademarks and intellectual property of and are proprietary to Sweet. In addition, the Brands may have their own trademarks and logos. You have no right to use any of our Marks or those of the Brands, or any confusingly similar marks thereto, for any purpose without the express, prior, written consent of SocialSweet Inc. or the respective Brands. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
LICENSE AND PLATFORM ACCESS
Sweet presumes that if you permit your minor child to go online and access your Account, or if you establish an Account for any minor child, then such minor child has your approval and express permission to have independent access to the Platform or any other subpage on the Platform. You understand and agree that if you do not wish your minor child to have independent access to the Platform, it is your duty to make sure that you do not give your minor child your Account access details or establish an Account for them. Remember, even if a minor child has your Account access details, you can change it by changing your password. As stated above, a minor child under age 13 is prohibited from using the Platform, even with permission from a parent or guardian.
THIRD PARTY MATERIALS; LINKS
Certain Platform functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
ACCOUNT SUSPENSIONS AND TERMINATION
If we terminate an Account, we will permanently close such Account. . If you are a User and your Account is terminated, you acknowledge that you may lose your ability to access the Digital Collectibles associated with such Account.
If your Account is terminated or suspended by Sweet, you agree to cease all access to or use of the Platform or Services
PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Platform infringe your copyright, you (or your agent) may send to Sweet a written notice by mail or e-mail, requesting that Sweet remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Sweet a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to the Copyright Agent as follows: By mail to Copyright Agent c/o SocialSweet, Inc. DBA Sweet, 30 W Park Place, Morristown, New Jersey 07960 ; or by e-mail to email@example.com. The Copyright Agent’s phone number is 201-775-9000.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
DATA, EMAIL AND MOBILE PHONE NUMBERS
RULES OF CONDUCT
Your use of the Platform is subject to all applicable local, state, national laws, rules, and regulations and, in some cases, international treaties. You are solely responsible for all of your postings on the Sweet Platform, in the Sweet app, or through any third party social media, and all other activities, acts and omissions that occur in, from, through or under your Account. You agree to abide by these Rules of Conduct. You shall not use, allow, post, chat, encourage or enable others to use, allow, post chat, or knowingly condone the use of the Platform in any manner that is, attempts to, or is likely to:
- a. be libelous, threatening, abusive, harassing, deceptive, offensive, profane, obscene, vulgar, contains or depicts nudity, contains or depicts sexual activity, invasive of another’s privacy, tortious, defamatory, bullying, or harmful in any way that is deemed unlawful or restricted by law;
- b. use the Platform in any manner that could interfere with, disrupt, or inhibit others from fully enjoying the Platform, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
- c. send junk email chain letters, duplicative or unsolicited messages or transmissions deemed “spamming” or “phishing”;
- d. transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform’s root directory, Sweet grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Sweet reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
- e. use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same thing, to use, access, generate impressions, input information, or generate postings on social media sites;
- f. forge any TCP/IP packet header or part of the header information in any email or message, forum, tweet, comment or other social media posting for any reason or otherwise provide false or misleading information to Sweet;
- i. harvest or collect information about users of the Platform;
- j. reproduce, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Sweet’s express prior written consent;
- k. remove any copyright, trademark or other proprietary rights notice from the Platform;
- l. frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Sweet’s express prior written consent;
- m. systematically download and store materials or content from the Platform; or
- n. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or reverse engineer, disassemble or decompile any aspect of the Platform, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Platform.
Any reported offensive content is subject to be removed from the Platform within 24 hours, and the User creating such content is subject to being terminated from the Platform within 24 hours.
DISCLAIMER AND LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PLATFORM AND ALL SERVICES, DIGITAL COLLECTIBLES, REWARDS AND CONTENT THEREON ARE MADE AVAILABLE ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. Without limiting the foregoing, neither Sweet, Brands nor any Affiliates, suppliers or collaborators are responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Platform. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all Services, features and functions of the Platform.
Sweet cannot guarantee continuous service and access to the Platform without interruption or delay. It also is expected that occasional planned outages will be required to maintain and enhance the Platform. These updates and releases are done in the interest of improving the Sweet Platform functionality for the Brand and experience for the User. . You indemnify Sweet against any losses associated with an inability to use or access the Platform based on such system unavailability or limitation of access or functionality.
In some cases, Sweet integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). You acknowledge that Sweet has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the Platform could incur an outage outside of Sweet’s control, and certain aspects of the Platform’s functionality could be impacted by changes of features made available through Third Party APIs.
SWEET AND BRANDS DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO ANY PART OF THE PLATFORM. SWEET DOES NOT REPRESENT OR WARRANT THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SWEET WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN - OR TAKEN IN RELIANCE - ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM. WHILE SWEET ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, SWEET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE PLATFORM. SWEET CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
ADS AND MALWARE
We take great pride in creating the Platform. We keep an eye out for material technical glitches that affect how the Platform works and, when we find them, we will seek to fix them. Unfortunately, your computer or other device, or your online service provider or other entity, may cause some glitches that affect how you see the Platform -- and that is totally beyond our control.
If you experience any unusual behavior, content, or ads on the Platform, it may be the result of Malware on your computer or other device. Malware -- short for ‘Malicious Software’ -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Platform is working properly, sometimes Malware programs on your personal computer or devices may interfere with your experience on the Platform and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. If you even suspect that there is any kind of Malware on the Platform or servers, please use the Contact Us and notify us immediately.
The Platform is controlled or operated (or both) from the United States and is not intended to subject Sweet to any non-U.S. jurisdiction or law. Although the Platform may be accessible worldwide, the Platform may not be appropriate or available for use in some non-U.S. jurisdictions, and we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America and accessing them from territories where its content or your participation on the Platform is illegal is strictly prohibited. Those who choose to access the Platform from other locations outside the United States of America do so on their own risk and must comply with all local laws including but not limited to tax and securities laws. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
DISPUTE RESOLUTION AND GOVERNING LAW
If you are an individual accessing or using the Platform in your individual capacity, (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (c) if the parties are unable to agree on a location, such determination should be made by the American Arbitration Association or by the arbitrator. If you are an Organization or an individual accessing or using the Platform on behalf of, or for the benefit of, an Organization, the arbitrator will conduct hearings, if any, in-person in the County of New York in the State of New York.
Sweet shall not be liable for any interruption of Services or delivery of the Platform, which result directly or indirectly from acts of God, civil or military authority, act of public enemies, war, accidents, fires, explosions, earthquakes, floods, terrorism, failure of infrastructure, hacking, Internet downtime, lag or delay, the elements, or any other similar cause beyond our reasonable control.
APPLE DEVICE AND APPLICATION TERMS
In the event you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:
- 3. Apple is not providing any warranty for the Application except, if applicable, to refund the purchase price for it.
- 4. You will only use the Application in connection with an Apple device that you own or control;
- 5. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement;
- 6. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund you the purchase price, if any, of the Application;
- 7. You acknowledge and agree that the Sweet, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- 8. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sweet, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- 9. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- 10. Both you and Sweet acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- 11. Both you and Sweet acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary hereof.
NEW JERSEY CONSUMERS
The Platform © 2021 SocialSweet, Inc. dba Sweet. All rights reserved.
Burger King: Regarding Digital Collectibles associated with Burger King, the following additional terms shall apply:
Burger King® Keep it Real Meals NFT Promotion Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Burger King® Keep it Real Meals NFT Promotion (“Promotion”) includes three (3) independent “Instant Win” Games (each a “Game”). Each Game is associated with one of the three “Artists”: Cornell Iral Haynes Jr. (“Nelly”), Larissa de Macedo Machado (“Anitta”), Cole Chase Hudson (“Lil Huddy”) who have collaborated with Sponsor to create a special Burger King® Keep It Real Meal (a “Real Meal”).
The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, non-employee workers, officers, and representatives of Burger King Corporation (“Sponsor”), SocialSweet Inc. (“Administrator”), Merkle Inc., and Artists, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator's decisions are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Burger King Corporation, 5707 Blue Lagoon Drive, Miami, FL 33126. Administrator: SocialSweet Inc. DBA Sweet, SocialSweet, Inc. (DBA Sweet), 30 W Park Place Morristown, New Jersey 07960.
3. Timing: The Promotion begins on September 16, 2021 at 12:00 noon Eastern Time ("ET") and end on October 10, 2021 at 11:59 p.m. ET, or when all Game Pieces (defined below) have been distributed, whichever occurs sooner (the "Promotion Period"). Administrator’s servers for its web and mobile platform will be the official time-keeping devices for the Promotion.
4. How to Enter & Play:
With Purchase of a “Real Meal” and Real Meal Box QR Code:During the Promotion Period, purchase a Real Meal from a participating Burger King restaurant. Then use your mobile device to scan the QR code on the box of a Real Meal from the Artist of your choice (available while supplies last). The QR Code will open up on the Promotional Site where you will be prompted to follow the links and instructions to agree to these Official Rules.
To Enter without Purchase or Real Meal Box QR Code: During the Promotion Period, to enter without the purchase of a Real Meal or scanning a QR Code (the “Alternate Method of Entry” or “AMOE”), go to realmeals.sweet.io, locate the Official Rules and navigate to this section 4. (“To Enter without Purchase or Real Meal Box QR Code”). ThenCLICK HEREand follow the links and instructions to select your Artist from the three Artists. You will then be prompted to follow the links and instructions to agree to these Official Rules.
Collect Game Pieces: After you accept the Official Rules on the Promotion Site you will be instructed to set up your Account on the Sweet Platform. Once your Account is set up, you will be awarded, at random, a Game Piece associated with the Artist you selected. You may collect Game Pieces for all three Artists. However, you can only collect a new Game Piece for each Artist once every twelve (12) hours by rescanning the QR code on the Real Meals box or via the AMOE. Limit: One (1) Game Piece per Artist per twelve (12) hour period, regardless of method (i.e., scan, rescan or AMOE). The odds of receiving a particular Game Piece are set forth in the chart below.
Game Piece Descriptions: For each Artist, there are three (3) different Game Pieces: Flippable, Real Signature and Behind the Scenes. Each Game Piece will also have one of three (3) suit icons “Suits” stamped in the corner of Game Piece: Fries, Shake and Burger (each a “Suit”), for a total of nine (9) unique Game Pieces for each Artist. The odds of receiving each Game Piece are as set forth in the chart below:
|Flippable + Shake|
|Real Signature + Shake|
Odds: 1: 10
|Behind the Scenes + Shake|
|Flippable + Fries|
|Real Signature + Fries|
Odds: 1: 10
|Behind the Scenes + Fries|
|Flippable + Burger|
Odds: 2: 10
|Real Signature + Burger|
Odds: 1: 10
|Behind the Scenes + Burger|
The goal is to collect an Artist’s “Set”, which consists of the three (3) different Game Pieces for that Artist, all stamped with the same “Suit.” For example: Flippable + Fries, Real Signature + Fries and Behind the Scenes + Fries, is a Set; whereas Flippable + Fries, Real Signature + Fries and Behind the Scenes + Shake is NOT a Set.
Collect A Set: Once an entrant collects a Set for an Artist, entrant will be awarded a special 3D Burger King NFT or an NFT awarding one of the other limited Prizes offered for the applicable Artist listed below in Section 7. Once your Set is complete, the Game Pieces in the Set are “locked” in your Sweet Account and cannot be moved, gifted, reused, transferred or traded during the Promotion Period. The approximate odds of winning one of these limited Prizes are listed below in the Section 7.
Trading Game Pieces: Within the Sweet Platform, you will be able to trade a Game Piece you hold in your Sweet Account, as long as the Game Piece has not been used to a complete a Set. Just follow the instructions and prompts on the Platform. There is no limit on the number of Game Pieces you may retain in your Account. During the Promotion Game pieces cannot be removed from the Sweet Platform.
Limit: Each entrant may receive up to two (2) Game Pieces each day (one (1) every 12 hours) per Artist (six (6) Game Pieces each day in total if collecting for the three (3) Artists) during the Promotion Period, while Game Pieces are available. Multiple entrants are not permitted to share the same email address/mobile phone number. Any attempt by any entrant to obtain more than the stated number of plays by using multiple/different email addresses, mobile phone numbers, identities, registrations and logins, or any other methods will void that entrant's plays and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address or mobile phone number used to register will be deemed to be the entrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. All potential winning plays (Collection of a Set) are subject to verification by Sponsor or administrator, whose decisions are final AND BINDING. An entrant is not a winner of any prize, even if the GAME SHOULD so indicate, unless and until entrant’s eligibility and the potential Winning play have been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. any play that occurs after the system has failed for any reason is deemed a defective play, is void, and will not be honored.
6. Winner Requirements and Communications: Receiving a prize is contingent upon compliance with these Official Rules. Administrator is an independent judging organization whose decisions as to the administration and operation of the Game are final and binding. When an entrant is awarded one of the prizes set forth in Section 7 below, potential winner will receive a confirmation email with instruction on how to claim the prize. Each potential winner of any prize will be required to provide First name, Last name, and email address, as well as phone number (for any potential Grand Prize winner), and home mailing address (for any potential First Prize winner). If any potential winner cannot be contacted or if prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all eligible entrants who completed a Set. There will be three (3) alternate drawings after which the applicable prize will remain un-awarded.
NELLY GAME PRIZES:
FIVE (5) GRAND PRIZES: Real Meals Special Kit including a mini-speaker, lunch tupper, tote bag and Burger King hoodie, autographed by Nelly. Approximate Odds of winning this prize: 1: 14,771. ARV: $350.
TWENTY (20) FIRST PRIZES: Whopper® Sandwiches for a Year, based upon an average retail price of $5.19 per sandwich, calculated as one Whopper® Sandwich per week for 52 weeks and fulfilled as a $270 Burger King gift card. Prize will be mailed to address provided by winner approximately 2-4 weeks after the end of the Promotion. Terms and conditions of gift card apply. Approximate Odds of winning this prize: 1: 4,800. ARV: $270.
HUDDY GAME PRIZES:
FIVE (5) GRAND PRIZES: A phone or video call of up to 5 minutes in duration with Huddy. The time and date of the call will be arranged based on Huddy’s availability (winner will be provided with 3 options) and must take place no later than December 10, 2021. Winner must be located in the United States at the time of the call. Artist reserves the right in its sole discretion to end the call for any reason, including but not limited to violation of Artist’s personal or privacy rights, or any aggressive, insulting or disrespectful behavior by winner. Approximate Odds of winning this prize: 1: 14,771. ARV: $400
TWENTY (20) FIRST PRIZES: Ch’King™ Sandwiches for a Year, based upon an average retail price of $4.75 per sandwich, calculated as one Ch’King™ Sandwich per week for 52 weeks and fulfilled as a $250 Burger King gift card. Prize will be mailed to address provided by winner approximately 2-4 weeks after the end of the Promotion. Terms and conditions of gift card apply. Approximate Odds of winning this prize: 1: 3,693. ARV: $250
ANITTA GAME PRIZES:
FIVE (5) GRAND PRIZES: An NFT with exclusive video content from the filming for the TV commercial produced to advertise this Game. This prize has no retail value. Approximate Odds of winning this prize: 1: 7,384.
TWENTY (20) FIRST PRIZES: Impossible™ Whopper® Sandwiches for a Year, based upon an average retail price of $6.19 per sandwich, calculated as one Impossible™Whopper® Sandwich per week for 52 weeks and fulfilled as a $325.00 Burger King gift card. Prize will be mailed to address provided by winner approximately 2-4 weeks after the end of the Promotion. Winner must be located in the United States at the time of the call. Terms and conditions of gift card apply. Approximate Odds of winning this prize: 1: 1,846. ARV: $325.00.
No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value. Winners are responsible for all federal, state, and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor. Sponsor is not responsible for any Artist Grand Prize that is terminated early by Artist. Gift Card prizes will be fulfilled approximately 2-4 weeks after the conclusion of the Promotion. Gift Card terms and conditions are available at www.bk.com/crowncard-terms. TOTAL ARV OF ALL PRIZES: $20,650. Limit: One (1) Grand Prize or First Prize per person.
8. Publicity: Except where prohibited, participation in the Game constitutes winner's consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Game if fraud, technical failures, human error or any other factor impairs the integrity of the Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Game, or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Game is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Administrator, Artists, Merkle Inc., and any promotional partners, each of their parent, subsidiary, affiliate, and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Game or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Game, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Game; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware, or software; (3) unauthorized human intervention in any part of the entry process or the Game; (4) technical or human error which may occur in the administration of the Game or the processing of entries; (5) lost, late, misdelivered or misdirected prize awards; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Game, or receipt, or use of any prize or while traveling to or from any prize-related activity. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Game, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or connected with this Game or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Florida or the appropriate Florida State Court located in Miami-Dade County, Florida; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Game but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
14. Winner List: For a list of Prize winners, please send request to firstname.lastname@example.org.
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