Terms and Conditions for Rewards, Inc. NFT Scratch-Off Sweepstakes
Effective Date: March 11, 2025
These Terms and Conditions ("Terms") constitute a comprehensive and legally binding agreement between you ("Participant," "you," "your," or "User") and Rewards, Inc., a corporation duly organized and existing under the laws of Illinois, (hereinafter "Rewards, Inc.," "Company," "we," "us," or "our"). By accessing, registering for, purchasing, obtaining, or participating in any manner in the Rewards, Inc. NFT Scratch-Off Sweepstakes ("Sweepstakes"), you unequivocally agree to be bound by these Terms, our Privacy Policy located at [Your Privacy Policy URL], and any additional rules, guidelines, or conditions published in connection with specific Sweepstakes promotions or activities (collectively, the "Agreement"). These Terms govern all aspects of your participation in the Sweepstakes and significantly impact your legal rights and obligations. If you do not fully agree to these Terms, you are expressly prohibited from participating in the Sweepstakes or engaging with any related services or materials.
1. Agreement to Terms and Conditions
1.1 Acceptance of Terms: By engaging in any Sweepstakes-related activity—such as purchasing or obtaining a Scratch Card ("Scratch Card"), submitting an entry, registering an account on our website https://scratch.cards, accessing promotional materials, or otherwise interacting with the Sweepstakes—you affirmatively represent and warrant that you have thoroughly read, fully understood, and unconditionally agree to be bound by these Terms in their entirety, as well as any incorporated policies or rules.
1.2 Modification of Terms: Rewards, Inc. reserves the absolute and unilateral right to amend, revise, update, or modify these Terms at any time, with or without prior notice, in our sole and exclusive discretion. Such modifications will take effect immediately upon posting of the updated Terms on our website, with the "Effective Date" revised accordingly to reflect the change. Your continued participation in the Sweepstakes following such updates constitutes your irrevocable acceptance of the revised Terms. It is your sole responsibility to regularly review these Terms to remain informed of any changes.
1.3 Electronic Format and Consent: These Terms are provided in an electronic format via our website or other digital channels. By participating, you consent to receiving all Sweepstakes-related communications—including but not limited to notifications, updates, prize announcements, and legal notices—electronically via email, website postings, or other digital means. You agree that such electronic communications satisfy any legal requirement that such communications be in writing.
1.4 Language: These Terms are provided in English. If translated into other languages for convenience, the English version shall prevail in the event of any conflict or inconsistency.
1.5 Capacity: You represent and warrant that you have the legal capacity to enter into this Agreement and that your participation does not violate any contractual obligations or legal restrictions applicable to you.
2. Eligibility and Participation Requirements
2.1 Basic Eligibility Criteria: To participate in the Sweepstakes, you must satisfy the following conditions at all times:
Be at least 21 years of age or the legal age of majority in your jurisdiction of residence, whichever is greater, as of the date of your entry.
Be a legal resident of a jurisdiction where participation in the Sweepstakes is not expressly prohibited or restricted by applicable federal, state, local, or international law.
Possess a valid government-issued identification document to verify your identity, age, and residency upon request.
2.2 Ineligible Individuals: The following persons are strictly prohibited from participating in the Sweepstakes:
Employees, officers, directors, contractors, consultants, or agents of Rewards, Inc., its parent companies, subsidiaries, affiliates, or any third-party vendors, suppliers, or service providers involved in the design, development, administration, promotion, or fulfillment of the Sweepstakes.
Immediate family members (defined as spouse, domestic partner, parents, siblings, children, and their respective spouses or partners, regardless of residence) and household members (defined as individuals living in the same residence for at least three months in the preceding twelve months) of the foregoing individuals.
Any individual prohibited from participating due to their employment, contractual obligations, or legal restrictions (e.g., employees of competing sweepstakes or NFT-related entities).
Individuals subject to sanctions, embargoes, or restrictions imposed by any governmental authority that would preclude their participation.
2.3 Compliance with Applicable Law: Participation in the Sweepstakes is void where prohibited or restricted by law. You are solely responsible for determining and ensuring that your participation complies with all applicable laws, regulations, ordinances, and rules in your jurisdiction of residence and participation. Rewards, Inc. assumes no responsibility for your failure to comply with such laws.
2.4 Account Registration (If Applicable): If participation involves registering an account on our website:
You must provide accurate, current, and complete information during registration, including your full legal name, email address, and residential address.
You may register only one account; multiple accounts per individual are prohibited and will result in disqualification.
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
2.5 Verification Process: Rewards, Inc. reserves the right, at any time and in our sole discretion, to verify your eligibility and compliance with these Terms. This may include requiring you to submit:
A copy of a valid government-issued photo ID (e.g., passport, driver’s license).
Proof of residency (e.g., utility bill, lease agreement).
Additional documentation as deemed necessary to confirm your identity or eligibility. Failure to provide requested documentation within seven (7) business days (or such other timeframe as specified by us) may result in disqualification and forfeiture of any prizes.
2.6 Disqualification Rights: We may disqualify any Participant who fails to meet eligibility criteria, violates these Terms, or engages in conduct deemed detrimental to the Sweepstakes, as determined in our sole and absolute discretion.
3. Sweepstakes Description and Operation
3.1 Purpose and Scope: The Sweepstakes is a promotional initiative operated by Rewards, Inc. to engage Participants by offering the opportunity to win prizes, including non-fungible tokens ("NFTs") minted on [Specify Blockchain, e.g., Ethereum], through the purchase or free acquisition of Scratch Cards. The Sweepstakes is designed to reward participation and is not a game of skill, gambling activity, or online casino service.
3.2 No Gaming Elements: Rewards, Inc. does not offer social gaming, online casino play, or any form of wagering. The Sweepstakes is a chance-based promotion where prizes are awarded based on predetermined outcomes revealed by Scratch Cards, and no element of skill influences the results.
3.3 Operational Period: The Sweepstakes operates on a continuous basis unless otherwise terminated, suspended, or modified by Rewards, Inc. Specific promotional campaigns or prize pools within the Sweepstakes may have defined start and end dates, which will be clearly communicated in associated promotional materials or on our website.
3.4 Prize Structure: Prizes include:
NFTs, which are unique digital assets recorded on [Specify Blockchain], each linked to specific digital art or content ("Digital Art").
Additional rewards, such as physical merchandise (e.g., branded items), digital collectibles, gift cards, or other items as specified in promotional materials or on Scratch Cards.
3.5 Sweepstakes Integrity: Rewards, Inc. employs reasonable measures to ensure the fairness and integrity of the Sweepstakes, including secure prize allocation and tamper-resistant Scratch Cards. However, we do not guarantee absolute security or error-free operation.
4. Entry Methods and Procedures
4.1 Purchase Entry Method
4.1.1 Acquisition Channels: Participants may purchase Scratch Cards through:
Our official website [Your Website URL].
Authorized physical retailers or distributors as designated by Rewards, Inc.
Other promotional channels explicitly announced by us (e.g., pop-up events, partnered vendors).
4.1.2 Pricing and Payment:
The cost of each Scratch Card will be clearly disclosed at the point of purchase and may vary based on ticket type, promotional offers, or bundle pricing.
Payment must be made in U.S. dollars (or other currency as specified) via accepted methods (e.g., credit/debit card, digital payment platforms).
All sales are final; no refunds or exchanges will be provided except as required by law.
4.1.3 Entry Confirmation: Each purchased Scratch Card provides one (1) entry into the Sweepstakes and the immediate opportunity to reveal a potential prize by scratching the designated area.
4.1.4 Proof of Purchase: Participants must retain proof of purchase (e.g., receipt, digital confirmation) to facilitate prize redemption if required.
4.2 Free Entry Method (Alternative Method of Entry - AMOE)
4.2.1 No Purchase Necessary: NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. This free entry method ensures equal opportunity for all eligible Participants.
4.2.2 Submission Process: To enter without purchase, Participants must submit a handwritten request via postal mail to:
Rewards, Inc.
P.O. Box 1009, Crystal Lake, IL, 60039
4.2.3 Submission Requirements: Each free entry request must strictly adhere to the following:
Use a standard postcard or piece of plain white paper (minimum size 4” x 6”, maximum 5” x 7”, unfolded, no envelopes within envelopes).
Be handwritten legibly in ink on one side only, including:
Your full legal name as it appears on a government-issued identification document.
A valid, active email address where you can be contacted.
Your complete residential address (no P.O. boxes permitted).
The title of the scratch card you want：an example: “Diamond Rush”
The exact statement: “I request a free Scratch Card to participate in the Rewards, Inc. NFT Scratch Cards Sweepstakes. By submitting this request, I hereby declare that I have read, understood and agree to be bound by Rewards, Inc’s Terms and Conditions.”
On the outer envelope: Your handwritten return address and the words “NFT Scratch Cards Free Entry Request” written clearly.
4.2.4 Entry Limits and Restrictions:
Limit one (1) free entry request per outer stamped envelope; multiple requests in a single envelope will be voided.
Requests must be postmarked from your verified state, province, or country of residence and received by Rewards, Inc. within a reasonable timeframe tied to promotional periods (if applicable).
Mechanically reproduced entries (e.g., typed, photocopied, or printed submissions) are prohibited and will be rejected.
4.2.5 Processing and Delivery:
Upon receipt of a compliant request, Rewards, Inc. will provide one (1) Scratch Card (either physical or digital, at our discretion) to the Participant via mail or email, subject to eligibility verification.
Processing and delivery may take 4-6 weeks from receipt, though we reserve the right to extend this period during high-volume periods or unforeseen delays.
4.2.6 Rejection Criteria: We reserve the right to reject any free entry request that is illegible, incomplete, damaged, suspected of fraud, or otherwise non-compliant with these Terms, as determined in our sole and absolute discretion.
4.3 General Entry Rules and Conditions
4.3.1 Non-Transferability: Scratch Cards, whether purchased or obtained for free, are non-transferable and may only be used by the individual who acquired them. Any attempt to transfer or sell a Scratch Card prior to prize redemption voids the entry.
4.3.2 Tampering Prohibition: Any attempt to manipulate, circumvent, or interfere with the entry process—including but not limited to the use of automated systems, bots, scripts, multiple identities, or fraudulent means—will result in immediate disqualification, forfeiture of all entries and prizes, and potential legal action.
4.3.3 Responsibility for Entries: Rewards, Inc. is not responsible for lost, late, misdirected, damaged, incomplete, or undelivered entries, whether due to postal service failures, technical malfunctions, human error, or other causes beyond our reasonable control.
4.3.4 Entry Ownership: All entries and Scratch Cards remain the property of Rewards, Inc. until prizes are redeemed, at which point ownership transfers per Section 8.
5. Prizes, Odds, and Availability
5.1 Prize Categories: Prizes offered in the Sweepstakes include, but are not limited to:
NFTs: Unique digital assets minted on Polygon, each tied to specific Digital Art or collectible content, with ownership recorded on the blockchain.
Physical Merchandise: Tangible items such as branded apparel, accessories, or promotional goods.
Digital Collectibles: Non-NFT digital items (e.g., exclusive artwork, vouchers) delivered electronically.
Gift Cards: Prepaid cards or codes redeemable at specified retailers or platforms. Specific prize details will be outlined in promotional materials or on Scratch Cards.
5.2 Prize Revelation Mechanism: Each Scratch Card, when scratched, reveals whether a prize has been won based on predetermined winning combinations established by Rewards, Inc. prior to distribution.
5.3 Odds of Winning:
The odds of winning a prize depend on the total number of Scratch Cards issued during a given promotional period and the quantity and allocation of available prizes.
Exact odds may vary by promotion and will be disclosed in promotional materials where practicable, including on the back of each Scratch Card, though they are subject to change based on participation levels
5.4 Approximate Retail Value (ARV):
The ARV of prizes varies and will be specified in promotional materials or upon redemption.
For NFTs, ARV is an estimate based on market conditions at the time of issuance and does not guarantee future value, which may fluctuate significantly due to blockchain or cryptocurrency market dynamics.
5.5 Prize Limitations:
Prizes are awarded "as is" with no warranties beyond those provided by applicable law.
Prizes are non-transferable, non-exchangeable, and non-redeemable for cash or other compensation prior to redemption, except where explicitly required by law. However, once redeemed, NFTs may be bought, sold, or traded on secondary NFT markets as permitted under Section 8, subject to applicable blockchain protocols and legal restrictions
5.6 Prize Substitution: Rewards, Inc. reserves the right to substitute any prize with an alternative item or asset of equal or greater value if a prize becomes unavailable due to supply chain disruptions, blockchain failures, legal restrictions, or other circumstances beyond our control.
5.7 Prize Availability:
Prizes are limited to the quantities specified in each promotional period.
If a prize pool is exhausted, no additional prizes will be awarded unless otherwise announced.
5.8 No Guarantee: We do not guarantee that any Participant will win a prize, as outcomes are determined by chance and availability.
6. Prize Redemption and Fulfillment Process
6.1 Redemption Requirements: To claim a prize, winners must:
Present the original winning Scratch Card (physical ticket or digital proof, such as a unique code or screenshot, as applicable).
Submit verifiable proof of identity, age, and residency within thirty (30) calendar days of prize revelation, including a government-issued photo ID and, if requested, a secondary document (e.g., utility bill).
For NFT prizes, provide a valid, Participant-controlled digital wallet address compatible with Polygon, along with any necessary instructions for transfer.
6.2 Claim Deadline: Prizes must be claimed within sixty (60) calendar days of initial notification or prize revelation, whichever occurs first. Failure to claim within this period will result in forfeiture, and Rewards, Inc. may, at its discretion, select an alternate winner or retain the prize for future use.
6.3 KYC Verification Process with Plaid:
To ensure compliance with applicable laws, prevent fraud, and verify Participant eligibility, Rewards, Inc. requires winners to complete a Know Your Customer (KYC) process prior to prize redemption, utilizing Plaid, a third-party identity verification and financial data service provider. Upon revealing a winning Scratch-Off Ticket, winners will receive a secure link via email to initiate the KYC process through Plaid’s platform. Participants must log into their bank account or financial institution using their existing online banking credentials via Plaid’s interface, which securely authenticates their identity by cross-referencing account holder information (e.g., full legal name, address) with the details provided during Sweepstakes entry. Plaid may also collect additional data, such as account ownership verification or transaction history, solely for the purpose of confirming identity and eligibility under these Terms. Winners must complete this process within seven (7) business days of receiving the KYC link, providing accurate and up-to-date information as prompted. Failure to successfully complete the Plaid KYC process—whether due to refusal, inability to authenticate, mismatched information, or non-compliance—will result in forfeiture of the prize, and Rewards, Inc. reserves the right to disqualify the Participant and select an alternate winner. Rewards, Inc. does not store banking credentials or sensitive financial data; all such information is processed and secured by Plaid in accordance with its privacy policies and applicable data protection laws. Participants acknowledge that Plaid operates as an independent third party, and Rewards, Inc. is not liable for any delays, errors, or breaches arising from Plaid’s services. Should Plaid be unavailable or unsuitable for verification in a Participant’s jurisdiction, Rewards, Inc. may require alternative documentation (e.g., government-issued ID, utility bill) to complete KYC, at our sole discretion.
6.4 Prize Delivery:
NFTs: Will be transferred to the winner’s designated wallet within thirty (5) business days of successful verification, subject to blockchain processing times and network fees (borne by the winner).
Physical Prizes: Will be shipped to the winner’s verified residential address via a carrier selected by Rewards, Inc., at no cost to the winner, within forty-five (45) days of verification, unless delays occur due to shipping constraints.
Digital Collectibles/Gift Cards: Will be delivered electronically to the winner’s provided email address within fifteen (15) business days of verification.
6.5 Costs and Tax Obligations:
Winners are solely responsible for all federal, state, local, and international taxes, duties, or levies associated with prize acceptance and use, including income tax reporting where applicable.
For NFTs, winners bear all blockchain transaction fees (e.g., gas fees) required to receive, transfer, or manage the prize.
Rewards, Inc. may issue tax forms (e.g., IRS Form 1099) to winners as required by law and report prize values to relevant authorities.
6.6 Forfeiture Conditions: A prize will be forfeited without compensation if:
The winner is found ineligible or non-compliant with these Terms.
The winner fails to respond to notification or complete redemption within the specified timeframes.
Delivery is unsuccessful due to inaccurate information provided by the winner (e.g., invalid wallet address, undeliverable shipping address).
6.7 Lost Prizes: Rewards, Inc. is not responsible for replacing prizes lost after delivery, including NFTs lost due to wallet mismanagement or hacking.
7. Winner Selection, Notification, and Publicity
7.1 Selection Process:
Winners are determined instantly upon scratching a Scratch Card that reveals a winning combination, as pre-programmed by Rewards, Inc. prior to ticket distribution.
Winning combinations are randomly assigned and securely embedded in the Scratch Cards to ensure fairness.
7.2 Notification Procedure:
Winners will be notified within seven (7) business days of prize revelation via:
Email to the address provided at entry (for purchased tickets or registered accounts).
Postal mail to the address provided in the free entry request.
Notification will include detailed instructions for prize redemption and any required documentation.
7.3 Response Obligation: Winners must acknowledge notification and initiate the redemption process within the timeframes outlined in Section 6, or the prize may be forfeited.
7.4 Alternate Winners: If a prize is forfeited, Rewards, Inc. may, at its sole discretion, select an alternate winner from the pool of eligible entries or redistribute the prize in a future promotion.
7.5 Publicity Release:
By accepting a prize, winners grant Rewards, Inc. and its affiliates an irrevocable, worldwide, royalty-free, perpetual right to use their name, likeness, voice, city/state of residence, and entry details (excluding sensitive personal or financial information) in any media for advertising, marketing, or promotional purposes without additional compensation or prior approval, unless prohibited by law.
Winners may be required to sign a publicity release form as a condition of prize receipt.
8. NFT Ownership, Intellectual Property, and Usage Rights
8.1 Ownership Transfer:
Upon successful redemption and delivery, winners own the NFT as personal property, including the right to hold, sell, trade, or transfer it via Polygon, subject to these Terms and applicable legal restrictions.
Ownership does not extend to the underlying intellectual property rights of the Digital Art, which remain with Rewards, Inc. or its licensors.
8.2 License Grant:
Each NFT includes a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to the associated Digital Art for personal, non-commercial use only (e.g., display in a digital wallet, personal gallery, or social media profile).
This license terminates if the NFT is transferred, burned or sold, or if the winner violates these Terms.
8.3 Intellectual Property Retention:
Rewards, Inc. and/or its licensors retain all right, title, and interest in the Digital Art, including copyrights, trademarks, patents, and other intellectual property rights, worldwide and in perpetuity.
The NFT does not confer any ownership or control over the Digital Art beyond the licensed use described herein.
8.4 Usage Restrictions: Winners are expressly prohibited from:
Modifying, altering, or creating derivative works of the Digital Art.
Reproducing, distributing, publicly displaying, or performing the Digital Art beyond the scope of the personal use license.
Using the Digital Art for commercial purposes, including but not limited to advertising, merchandise, branding, or resale of derivative products.
Attempting to register, claim, or assert intellectual property rights in the Digital Art or any element thereof.
Misrepresenting the NFT or Digital Art as endorsed, sponsored, or created by Rewards, Inc. beyond its issuance as a Sweepstakes prize.
8.5 Blockchain and Technical Risks:
Winners assume all risks associated with NFT ownership, including but not limited to wallet security, private key loss, blockchain network failures, hacking, or third-party platform outages.
Rewards, Inc. does not guarantee the continued availability, functionality, or interoperability of the NFT or Digital Art on any blockchain or third-party platform after delivery.
8.6 Post-Transfer Obligations: If an NFT is sold or transferred, Rewards, Inc. has no obligation to provide support, access, or updates to the new owner, and the original winner’s license to the Digital Art terminates immediately.
9. Participant Conduct and Prohibited Activities
9.1 General Compliance: Participants must at all times comply with these Terms, all applicable laws, regulations, and ordinances, and any additional rules published by Rewards, Inc. in connection with the Sweepstakes.
9.2 Prohibited Conduct: You are strictly prohibited from engaging in any of the following activities:
Using automated systems, bots, scripts, or other technological means to enter the Sweepstakes, manipulate Scratch Cards, or circumvent entry limits.
Attempting to reverse-engineer, counterfeit, forge, or tamper with Scratch Cards, whether physical or digital.
Submitting false, misleading, or fraudulent information during entry, registration, or prize redemption.
Engaging in any activity that interferes with, disrupts, or damages the operation of the Sweepstakes, our website, or related systems (e.g., hacking, denial-of-service attacks).
Harassing, threatening, or abusing other Participants, Rewards, Inc. staff, or third parties involved in the Sweepstakes.
Attempting to exploit errors, glitches, or vulnerabilities in the Sweepstakes process for personal gain.
9.3 Consequences of Violation: Any violation of these Terms or prohibited conduct may result in:
Immediate disqualification from the Sweepstakes.
Forfeiture of all entries, Scratch Cards, and prizes (claimed or unclaimed).
Suspension or termination of any registered account (if applicable).
Pursuit of civil or criminal legal action, including recovery of damages, costs, and attorney’s fees, where applicable.
9.4 Reporting Misconduct: Participants are encouraged to report suspected violations or fraudulent activity to fraud@scratch.cards. Rewards, Inc. will investigate such reports at its discretion but is not obligated to act or respond.
10. Sweepstakes Suspension, Modification, or Termination
10.1 Company Authority: Rewards, Inc. reserves the unconditional right to suspend, modify, or terminate the Sweepstakes, in whole or in part, at any time and for any reason, with or without prior notice, including but not limited to:
Suspected or actual fraud, cheating, or tampering by Participants or third parties.
Technical failures, security breaches, or operational disruptions (e.g., website outages, blockchain malfunctions).
Force majeure events beyond our control, such as natural disasters, pandemics, wars, terrorist acts, civil unrest, labor disputes, or governmental orders.
Changes in applicable laws, regulations, or judicial rulings that render the Sweepstakes unlawful or impractical.
Business decisions, such as reallocation of resources or discontinuation of the Sweepstakes program.
10.2 Impact of Changes:
In the event of suspension or termination, all unclaimed prizes may be forfeited, and no compensation will be provided unless explicitly required by law.
Modifications may include changes to prize offerings, entry methods, odds, or redemption processes, which will apply to all Participants immediately upon implementation.
10.3 Notification Efforts: We will make reasonable efforts to notify Participants of significant changes via email, website postings, or other channels, but failure to receive such notice does not invalidate our actions or relieve you of your obligations under these Terms.
10.4 No Liability: Rewards, Inc. will not be liable for any losses, damages, or inconvenience resulting from suspension, modification, or termination of the Sweepstakes, to the fullest extent permitted by law.
11. Limitation of Liability and Disclaimers
11.1 General Limitation: To the maximum extent permitted by applicable law, Rewards, Inc., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and assigns (collectively, the "Released Parties") shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or opportunities, arising out of or related to:
Your participation in or inability to participate in the Sweepstakes.
The acceptance, use, misuse, or inability to use any prize, including NFTs.
Technical failures, errors, delays, or interruptions in Sweepstakes operations, website functionality, or prize delivery.
11.2 Specific Disclaimers:
No Warranties: The Sweepstakes and all prizes are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
NFT Risks: Rewards, Inc. makes no representations or warranties regarding the functionality, security, value, or future availability of NFTs or their associated Digital Art. Participants acknowledge the inherent risks of blockchain technology, including market volatility, hacking, and loss of access.
Third-Party Services: We are not responsible for the performance, reliability, or security of third-party services involved in the Sweepstakes (e.g., blockchain networks, wallet providers, shipping carriers).
11.3 Loss of Property: The Released Parties are not liable for the loss, theft, destruction, or damage of Scratch Cards, entries, or prizes after issuance or delivery, including NFTs lost due to Participant error or external interference.
11.4 Force Majeure: We are not liable for delays, cancellations, or failures to perform obligations under these Terms due to events beyond our reasonable control, as outlined in Section 10.1.
11.5 Maximum Liability: In any event, the total liability of Rewards, Inc. to any
Participant shall not exceed the lesser of (a) the ARV of the prize claimed or (b) $100 USD, unless otherwise required by law.
12. Indemnification and Hold Harmless
12.1 Participant Obligation: You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees and court costs) arising out of or relating to:
Your participation in the Sweepstakes or use of Scratch Cards.
Your breach or alleged breach of these Terms, including any representations or warranties made herein.
Your violation of any applicable law, regulation, or third-party rights (e.g., intellectual property, privacy).
Your use, misuse, or transfer of any prize, including NFTs and Digital Art.
12.2 Procedure: Rewards, Inc. reserves the right to assume control of the defense of any indemnified claim, at your expense, and you agree to cooperate fully in such defense.
12.3 Survival: This indemnification obligation survives the termination of the Sweepstakes or your participation therein.
13. Privacy, Data Collection, and Security
13.1 Data Collection: We collect personal information from Participants, including but not limited to name, email address, residential address, wallet address, and identification details, solely for the purposes of:
Administering the Sweepstakes (e.g., entry processing, winner verification).
Fulfilling prizes (e.g., shipping, NFT transfers).
Complying with legal or regulatory obligations (e.g., tax reporting).
13.2 Data Use and Sharing:
Your information will not be sold, rented, or shared with third parties except as necessary to execute Sweepstakes operations (e.g., with shipping providers, blockchain operators) or as required by law.
We may use anonymized or aggregated data for internal analytics, marketing, or promotional purposes.
13.3 Security Measures:
Rewards, Inc. implements reasonable administrative, technical, and physical safeguards to protect your personal information from unauthorized access, loss, or misuse.
However, no security system is infallible, and we are not liable for breaches caused by third-party actions (e.g., hacking) or events beyond our control.
13.4 Retention: We retain your data only as long as necessary to fulfill the purposes outlined herein or as required by law, after which it will be securely deleted or anonymized.
13.5 Privacy Policy: Additional details on data handling are provided in our Privacy Policy at [Your Privacy Policy URL], which is incorporated herein by reference.
14. Governing Law and Dispute Resolution
14.1 Applicable Law: These Terms and all matters arising out of or relating to the Sweepstakes shall be governed by and construed in accordance with the laws of Illinois, without regard to its conflict of law principles.
14.2 Binding Arbitration:
Any dispute, controversy, or claim arising out of or relating to these Terms or the Sweepstakes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration shall take place in Chicago, Illinois, in English, before a single arbitrator selected per AAA rules.
The arbitrator’s decision shall be final and binding, with no right of appeal except as provided by law.
14.3 Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action, collective action, class arbitration, or representative proceeding against Rewards, Inc.
14.4 Exceptions: Notwithstanding the above, Rewards, Inc. may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
14.5 Jurisdiction for Non-Arbitrable Claims: If arbitration is deemed unenforceable or unavailable, disputes shall be resolved exclusively in the state or federal courts located in Illinois, and you consent to the personal jurisdiction and venue of such courts.
14.6 Costs: Each party shall bear its own costs and attorney’s fees in arbitration or litigation, unless the arbitrator or court awards otherwise.
15. Contact Information and Support
15.1 Communication Channels: For questions, complaints, or support regarding the Sweepstakes, contact us at:
Email: information@scratch.cards
Mail: P.O. Box 1009, Crystal Lake, IL, 60039
15.2 Response Commitment: We strive to respond to inquiries within five (5) business days, though response times may vary due to volume, holidays, or unforeseen circumstances.
15.3 Official Correspondence: All formal notices under these Terms must be sent in writing to our mailing address, with a copy via email, and will be deemed received upon confirmation of delivery.
16. Miscellaneous Provisions
16.1 Entire Agreement: These Terms, together with the Privacy Policy and any promotion-specific rules or guidelines, constitute the entire agreement between you and Rewards, Inc. regarding the Sweepstakes, superseding all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
16.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
16.3 No Waiver: The failure of Rewards, Inc. to enforce any right, remedy, or provision of these Terms shall not constitute a waiver of such right, remedy, or provision, nor preclude its enforcement at a later time.
16.4 Assignment:
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent, which may be withheld at our discretion.
Rewards, Inc. may assign its rights and obligations to any affiliate, subsidiary, or successor entity without notice or consent.
16.5 Force Majeure: Rewards, Inc. shall not be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, as detailed in Section 10.1.
16.6 Interpretation:
Headings and section titles are for convenience only and do not affect the interpretation of these Terms.
The terms "including," "e.g.," and similar phrases mean "including but not limited to" and are illustrative rather than exhaustive.
Any ambiguity in these Terms shall not be construed against Rewards, Inc. as the drafter.
16.7 Survival: Provisions that by their nature should survive termination of the Sweepstakes or your participation (e.g., indemnification, limitation of liability, dispute resolution) shall remain in effect indefinitely. 16.8 Third-Party Beneficiaries: There are no intended third-party beneficiaries of these Terms, except as expressly provided herein (e.g., Released Parties).