Terms & Conditions

Terms & Conditions

Terms & Conditions

Last Modified: April 18, 2025

The website located at www.scratch.cards (the “Website”) is the intellectual property of Rewards, Inc. (hereinafter collectively referred to as “we,” “our,” or “us”). These Terms and Conditions incorporate by reference our Privacy Policy, the NFT Agreement (as defined below), the Promotion Official Rules (as defined below and where applicable), the Website FAQs, and any other applicable operating rules, policies, price schedules, or documents published from time to time, all of which are expressly incorporated herein by reference (collectively, the “Terms and Conditions”).

THIS AGREEMENT INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND A REQUIREMENT TO ARBITRATE ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST REWARDS, INC., ITS AFFILIATES, MANAGERS, MEMBERS, SERVICE PROVIDERS, MARKETING PARTNERS, NFT ARTISTS, AND VENDORS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THESE PROVISIONS ARE A FUNDAMENTAL BASIS OF THIS AGREEMENT.

You agree to these Terms and Conditions in their entirety when you: (a) access or use the Website; (b) access and/or view any: (i) links to third-party resources and information (“Third-Party Links”); and/or (ii) videos, audio, stories, testimonials, text, photographs, graphics, artwork, information, and/or other content featured on the Website (the “Website Content,” and together with Third-Party Links, the “Content”); (c) participate in any contests or sweepstakes (collectively, the “Promotions”); (d) purchase a non-fungible token (“NFT”) featured on the Website; (e) purchase merchandise from our online store; (f) request, acquire, or purchase any merchandise or items through the Website; and/or (g) use registration forms, contact forms, or contact information provided on the Website. Our services, including the Website, Website Content, NFTs, merchandise, materials, social media pages, and Promotions, are collectively referred to as “the Offerings.”

Please carefully review these Terms and Conditions before accessing the Website or its Offerings. These Terms and Conditions supersede all prior or contemporaneous agreements, representations, warranties, and/or understandings regarding your use of the Offerings and/or the products, services, and/or programs provided through them. Unless explicitly stated otherwise, any future offer(s) made available on the Website that augment(s) or enhance(s) the current features of the Offerings shall be subject to these Terms and Conditions.

If you do not agree to these Terms and Conditions in their entirety, you must not use the Website or Offerings in any manner.

Requirements

Generally. The Offerings are available only to individuals capable of entering legally binding contracts under applicable law. The Offerings are not intended for individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) in their jurisdiction). If you are under eighteen (18) years of age (or the applicable age of majority), unable to enter legally binding contracts, or a Prohibited Party (defined below), you are not permitted to use or access the Offerings, and we may terminate your access at any time, for any reason, at our sole discretion.

Prohibited Users. The Offerings are not available to: (i) individuals or entities on the “Specially Designated Nationals and Blocked Persons List” by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury; (ii) individuals or entities on the “Denied Persons List” by the Bureau of Industry and Security of the U.S. Department of Commerce; or (iii) residents, citizens, or entities located in or incorporated under the laws of any country, territory, or jurisdiction subject to a U.S. Government embargo, or designated as a terrorist-supporting country, including, without limitation, Balkans, Belarus, Burma, China, Cote D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Russia, Sudan, Syria, Zimbabwe, and the Crimea, Luhansk, and Donetsk regions of Ukraine (collectively, “Prohibited Users”).

Prohibited Access. Individuals are not permitted to access the Offerings using a Jail-Broken Mobile Device, a Rooted Android Device, or their equivalents. A “Jail-Broken Mobile Device” is a device running Apple’s iOS operating system with software restrictions removed via unauthorized procedures, and a “Rooted Android Device” is a device running the Android operating system with privileged root access enabled, allowing additional customization.

Modification. We reserve the right to amend the Terms and Conditions and/or Offerings at any time without notice. The Terms and Conditions will be posted on the Website, and you should review them before using or accessing the Offerings. By continuing to use the Offerings, you agree to comply with and be bound by the Terms and Conditions in effect at that time.

Registration. You may need to submit a registration form. We reserve the right, at our sole discretion, to deny access to the Offerings to anyone at any time, for any reason.

Wallet, Cryptocurrency, and Technology Requirements. Users are responsible, at their sole cost and expense, for obtaining and maintaining: (a) all necessary devices and equipment (e.g., computer/mobile device, up-to-date Internet browser, modems, terminal equipment, software) and communication services (e.g., Internet connection, email account, telephone services) to access certain Offerings, ensuring compatibility with all requirements; (b) functioning MetaMask®, Coinbase®, or similar wallets (“Wallet”) capable of accessing NFTs; and (c) cryptocurrencies, such as Ethereum (“ETH”), needed to purchase and/or sell NFTs. We do not guarantee the quality, speed, or availability of Internet connections for any device. We do not guarantee that the Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) with all Internet browsers; or (iv) in all geographical areas. Standard messaging, data, and wireless access fees may apply when using the Offerings via a wireless device. Users are fully responsible for all such charges, and we have no liability for charges billed by wireless carriers.

You assume all risks associated with using an Internet-based cryptocurrency blockchain, including risks of hardware, software, Internet connections, malicious software, and unauthorized access to information on the blockchain or in your Wallet. NFTs, cryptocurrencies, and blockchain technology are relatively new, and the regulatory landscape is unsettled. New regulations or interpretations in areas such as securities, commodities, banking, finance, currencies, trade, and consumer rights could affect the value of the Offerings and your ability to access, control, buy, sell, or trade them. New regulations in any jurisdiction could negatively impact these technologies, affecting your NFTs’ value. You accept all such risks. You are responsible for any adverse effects of disruptions, devaluation, restrictions, or other issues impacting cryptocurrency platforms.

NFTs

All NFT purchases, along with the terms, conditions, and restrictions associated with ownership and use, are subject to a separate agreement between you and us (“NFT Agreement”). An NFT purchaser may obtain certain ownership rights to the specific image depicted in the NFT on the blockchain, subject to restrictions and a limited license to the individual layered files, traits, and digital works associated with it (collectively, “Digital Object(s)”).

NFTs are intended as collectible items for personal enjoyment only, not as investment vehicles. NFT prices are highly volatile, and cryptocurrency price fluctuations may impact NFT prices positively or negatively. We make no promises or guarantees that NFTs will increase in value or retain their purchase value. You agree that NFTs have no inherent monetary value and should be treated solely as collectibles. No information or Content provided through the Offerings constitutes investment advice or an invitation to enter an investment agreement. The Offerings do not qualify as securities offerings in any jurisdiction, nor do they constitute an offer or invitation to purchase shares, securities, or financial products. You are solely responsible for ensuring that NFT purchases, sales, and cryptocurrency use comply with laws and regulations in your jurisdiction and all applicable jurisdictions.

Themed Scratch Cards Drop

Themed Scratch Cards Generally. The Themed Scratch Cards Drop: Series 1 (“Themed Scratch Cards NFTs”) consists of eight distinct series: Pirate Riches Series 1, Lucky Leprechaun Series 1, Buffalo Bucks Series 1, Diamond Rush Series 1, Piggy Payday Series 1, Cherry Cascade Series 1, Panda Paradise Series 1, and Candy Chaos Series 1. Each series includes 100,000 NFTs available for purchase, totaling 800,000 NFTs. NFTs are minted randomly.

We are not liable for any NFTs that are lost, misplaced, or inaccessible after delivery to the purchaser.

Promotional Sweepstakes. For ninety (90) days starting April 21st, 2025, Rewards, Inc. will offer a promotional sweepstakes providing free mail-in entries for Series 1 Themed Scratch Cards NFTs, subject to applicable sales tax. Participation is governed by the Promotion Official Rules, published separately. Participants must comply with all eligibility requirements and rules in the Promotion Official Rules. The sweepstakes is void where prohibited by law.

Transferability. Series 1 Themed Scratch Cards NFTs cannot be traded or sold on any secondary marketplace, such as OpeaSea until on or after the promotional period ends. Peer to peer sales are permitted upon variable ownership.

Items. For any items acquired, offered, or purchased through the Website, including NFTs, we do not warrant that item descriptions are accurate, complete, reliable, or error-free. We strive to display items accurately, but differences may occur due to monitor/screen settings or other factors, and we cannot guarantee the accuracy of color depictions.

We reserve the right to limit awards or sales of items, including NFTs, to any person, region, or jurisdiction on a case-by-case basis. Item descriptions may change at our discretion without notice. We may discontinue items at any time. Offers for items on the Website are void where prohibited by law.

If an item is listed at an incorrect price due to a typographical or pricing error, we may refuse or cancel orders placed at the incorrect price, whether confirmed or paid. If payment has been made and the order is canceled, we will issue a credit to the user’s Payment Method for the charged amount.

Purchases; Billing Provisions

NFTs. To purchase an NFT, upon agreeing to these Terms and Conditions and connecting your Wallet to the designated Website area, your Wallet will be charged the applicable purchase fee (“NFT Fees”). NFT Fees exclude all applicable taxes (including mandatory sales tax) and transactional fees required to create, send, and document the NFT transaction on the blockchain.

General Billing Provisions. NFT Fees are payable in Cryptocurrency or USD. By purchasing through the Website, you: (i) represent that you are authorized to use the Wallet and that payment information provided is accurate; and (ii) authorize us to charge NFT Fees to your Wallet. You must notify us promptly of Wallet changes. Attempts to defraud through Wallet use or failure to honor legitimate charges will result in immediate termination of access to the Offerings (including NFTs) and may lead to arbitration, civil litigation, or criminal prosecution. NFT quantities are limited. If we cannot fulfill an NFT order due to supply limitations, you will be refunded all charged amounts, which is your sole remedy.

UNLESS OTHERWISE STATED ON THE WEBSITE OR IN THESE TERMS AND CONDITIONS, ALL NFT SALES AND FULFILLMENT FEES ARE FINAL AND NON-REFUNDABLE. INITIATING A CREDIT CARD DISPUTE OR CHARGEBACK WILL RESULT IN THE LOSS OF THE NFT OR INABILITY TO TRADE/SELL THE NFT IN YOUR WALLET.

Electronic Signatures. Authorization for NFT Fees is obtained via electronic signature, physical signature, or voice affirmation. An electronic signature constitutes an electronic letter of agency under the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act (collectively, the “E-Sign Act”), which preempts state laws requiring paper or handwritten signatures. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS THROUGH THE WEBSITE OFFERINGS. You waive any requirements for original signatures, non-electronic records, or non-electronic payments or credits under any applicable laws. You acknowledge your ability to print or store electronically delivered information in an accessible, unchanged form.

Billing and Shipping Provisions

Nothing on the Website constitutes a binding offer to sell products or make them available in your area. We may accept or decline your order, or any portion, at our discretion, even after order confirmation or credit card charge. Prices are in U.S. dollars and must be paid in U.S. dollars. If a product is listed at an incorrect price, we may refuse or cancel orders, whether confirmed or paid. If payment has been made and the order is canceled, we will issue a full refund to your credit card or other payment method.

Prices, discounts, and promotions may change without notice. The price charged will be stated in your order confirmation email. Price increases apply only to orders placed after the increase. Prices exclude taxes and shipping/handling charges, which will be added to your total and itemized in your cart and order confirmation email. We strive for accurate pricing and availability but may correct errors, inaccuracies, or omissions and cancel orders arising from such issues.

Shipping. We will arrange product shipment, including any applicable items, using a shipper of our choice. You will pay all shipping and handling charges unless specified otherwise in the order confirmation. Title and risk of loss pass to you upon transfer to the carrier. Shipping and delivery dates are estimates and not guaranteed. We are not liable for shipping delays.

Orders ship as available, and our processing company will make reasonable efforts to ship promptly. Out-of-stock products may delay fulfillment, and you will be informed of unavailable items. We cannot guarantee arrival times. Shipping or transit times provided are estimates, and we encourage timely ordering to avoid delays.

Sales Tax. Sales tax is required on all transactions. We will charge applicable sales taxes, but you are responsible for reporting and paying sales or use tax on untaxed tangible personal property purchases unless exempt under applicable law. Sales tax is calculated based on the zip code provided at purchase.

Shipping Outside the United States. For international shipping, you will pay $45 per Unit (defined as one (1) item) plus all import duties, customs, and local sales taxes levied by the destination country to release your order from customs. International duties and taxes are marked “Bill to Recipient.” We are not responsible for orders not accepted due to failure to pay duties and taxes. International shipping, duties, and taxes are non-refundable for returns/exchanges.

Credit Card Processing. Credit card purchases are subject to a 4.5% fulfillment and service fee (covering NFT minting gas fees, delivery, and incremental server costs).

Merchandise Returns and Refunds. UNLESS OTHERWISE STATED ON THE WEBSITE, ALL MERCHANDISE SALES ARE FINAL AND NON-REFUNDABLE. Merchandise not delivered or delivered damaged may be eligible for a refund. Refund requests must be submitted within seven (7) days of the scheduled delivery date in the shipping confirmation email. Contact us at support@scratch.cards to start a refund request. If approved, we will provide a return shipping label and instructions. Refunds will be credited to the original payment method.

Content

General Terms. Subject to these Terms and Conditions, users with the necessary technology may view, download, or interact with some or all Content available through the Website and/or Offerings. Content is subject to the disclaimers in the NFT Agreement. We do not control third-party Content and are not responsible for verifying or fact-checking third-party statements. Third-party providers are solely responsible for their Content’s accuracy, completeness, appropriateness, safety, or usefulness. We do not warrant that Content is accurate, complete, up-to-date, or appropriate. We have no obligation or liability for Content, which users may find outdated, harmful, inaccurate, or deceptive.

Non-Endorsement. Publishing third-party Content (including user content) through the Offerings does not constitute endorsement of the third-party provider or digital marketplace.

Promotions. Promotions offered on the Website are governed by separate Promotion Official Rules published separately.

Compliance with Laws

You acknowledge that various rules, regulations, and laws address NFTs, cryptocurrencies, and blockchain technology (“Emerging Technology Laws”), which may vary by U.S. state or international jurisdiction. You are also subject to all municipal, state, federal, and international laws, including U.S. export control, anti-money laundering, USA Patriot Act, anti-corruption laws, and other applicable laws (collectively with Emerging Technology Laws, “Applicable Law”). You are solely responsible for complying with Applicable Law. Your NFT purchases, sales, and cryptocurrency use are at your own risk, and we are not liable if Applicable Law restricts or prohibits your access or ability to purchase or sell NFTs.

Standards of Conduct

You represent that neither you nor your agents will perform acts in connection with this Website, payments, or transactions involving our business interests, such as offering or authorizing payment of NFTs, merchandise, services, or anything of value to any official or employee of a public or private entity, or political party, to: (i) influence their official actions; (ii) induce them to affect government or entity decisions; or (iii) secure improper advantages.

Cancellation of Account

You may cancel your account by emailing support@scratch.cards or ceasing use of the Offerings. We may cancel any user’s account at our discretion. Account cancellation is your sole remedy for disputes with us, the Website, or Offerings. Upon cancellation, your license grant (Section 12) terminates immediately. No refunds will be issued for NFT Fees or other payments made prior to cancellation.

License Grant

As a Website user, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Offerings and related materials, products, or services (“Material”) per these Terms and Conditions. We may terminate this license at any time. Unless authorized, you may use Material only for personal, non-commercial purposes. You may not reproduce, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer Material. Creating derivative works, using Material with third-party content, or exploiting Material commercially is prohibited without permission. Systematic retrieval of Material via automated means or data extraction to create collections or databases without written permission is prohibited. You agree to indemnify us for non-compliance with this section. We reserve all rights not explicitly granted.

Proprietary Rights

All Material is owned or licensed by us and protected by copyrights, trademarks, and other proprietary rights. Except as provided, Material may not be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, displayed, altered, performed, digitized, compiled, translated, or transmitted without prior written consent. You are not granted rights to patents, copyrights, trade secrets, publicity rights, or trademarks for Material. Posting Material on the Website does not waive any rights, and we reserve all rights not expressly granted.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Covered Parties harmless from claims, expenses (including attorneys’ fees), damages, suits, costs, demands, or judgments arising from: (a) unauthorized or improper use of Offerings; (b) breach of Terms and Conditions or Applicable Law; (c) disputes with other users or third parties; (d) claims for taxes, fees, penalties, or fines related to your use; (e) violation of others’ rights; or (f) attempts to sublicense NFTs or Offerings. These provisions benefit Covered Parties, who may enforce them directly against you.

Disclaimer of Warranties

THE OFFERINGS, NFTS, MERCHANDISE, MATERIAL, AND RELATED PRODUCTS/SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL WARRANTIES, EXPRESS OR IMPLIED, DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THEY: (A) WILL MEET YOUR NEEDS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS; (D) WILL HAVE SUFFICIENT SECURITY; (E) WILL YIELD SPECIFIC FINANCIAL OUTCOMES; (F) WILL GRANT PROMOTION ACCESS; OR (G) WILL BE ACCURATE OR RELIABLE. THEY MAY CONTAIN BUGS, ERRORS, OR LIMITATIONS. WE ARE NOT LIABLE FOR INTERNET CONNECTION AVAILABILITY. NO ADVICE OR INFORMATION FROM ANY SOURCE CREATES WARRANTIES NOT STATED HEREIN.

NFT prices are volatile, and cryptocurrency fluctuations may impact their value. NFTs are not investments, and you assume all related risks. Offerings are not securities offerings or invitations to purchase financial products. You are responsible for legal compliance in your jurisdiction.

You assume risks of Internet-based cryptocurrencies, including hardware, software, connections, malicious software, and unauthorized Wallet access. NFTs and blockchain technology face an unsettled regulatory landscape, and new regulations may impact their value. You accept all such risks, including disruptions to ETH or Ethereum blockchain.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR INTANGIBLE LOSSES, EVEN IF ADVISED OF THEIR POSSIBILITY, ARISING FROM: (A) USE OR INABILITY TO USE OFFERINGS, NFTS, MATERIAL, OR RELATED PRODUCTS/SERVICES; (B) COSTS OF SUBSTITUTE GOODS/SERVICES; (C) UNAUTHORIZED ACCESS OR ALTERATION OF REGISTRATION DATA; (D) ETHEREUM, CRYPTOCURRENCY, BLOCKCHAIN, OR WALLET ISSUES; (E) FAILURE TO ACHIEVE FINANCIAL OUTCOMES; (F) FAILURE TO ACCESS PROMOTIONS; OR (G) OTHER MATTERS RELATED TO OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND TORTS. YOU RELEASE US FROM LIABILITIES EXCEEDING THESE LIMITATIONS. IF LAW PROHIBITS THIS, OUR MAXIMUM LIABILITY IS $500.00. THESE LIMITATIONS ARE FUNDAMENTAL TO PROVIDING ACCESS TO OFFERINGS. SOME JURISDICTIONS MAY LIMIT LIABILITY RESTRICTIONS, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

Legal Warning

Bypassing, disabling, or tampering with Offerings or NFTs violates these Terms and Conditions, and your account may be suspended or terminated without notice. Termination does not excuse you from criminal or civil liabilities resulting from your actions.

Third-Party Websites

Offerings may link to third-party websites or resources, including social media and digital marketplaces. We have no control over these, do not endorse them, and are not liable for their terms, policies, content, services, products, or resulting damages or losses.

Privacy Policy

User Content, comments, information, Registration Data, or materials submitted through the Offerings are subject to our Privacy Policy, incorporated by reference. For the Privacy Policy, click here scratch.cards/privacy-policy.

Copyright Policy/DMCA Compliance

We may terminate accounts of users infringing third-party copyrights. If you believe a copyrighted work has been copied or posted via the Offerings in a way constituting infringement, provide: (a) an electronic or physical signature of the authorized person; (b) identification and location of the copyrighted work; (c) a statement of good faith belief that the use is unauthorized; (d) your contact information; and (e) a statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act. Contact our Copyright Agent at:

Rewards, Inc.
Attn: DMCA P.O. Box 1009
Crystal Lake, IL 60039-1009

Dispute Resolution Provisions

These Terms and Conditions are governed by Illinois law, executed and performed in Chicago, Illinois, without regard to conflict of law principles. All claims arising under or related to the Offerings or Terms and Conditions must be arbitrated. Disputes will be resolved by arbitration before JAMS in Illinois under their commercial arbitration rules. You must first submit an Initial Dispute Notice to disputes@scratch.cards

Named Parties in your Initial Dispute Notice may offer a Final Settlement Offer. If not accepted or the dispute remains unresolved, you must submit the dispute to arbitration at JAMS in Chicago, Illinois, or, for U.S. residents, your county of residence, by filing a Demand for Arbitration. For claims of $10,000 or less, you may choose whether arbitration proceeds in person, by telephone, or on submissions. If the arbitrator awards relief exceeding the Final Settlement Offer, Named Parties will pay all arbitration fees and, if you retained an attorney, reimburse reasonable attorneys’ fees. Awards are final and enforceable in court. Named Parties may seek attorneys’ fees if they prevail, but not if your claim is deemed frivolous.

CLASS ACTION WAIVER: You agree not to bring, join, or participate in class action lawsuits against Covered Parties. You consent to injunctive relief to stop such lawsuits or remove you as a participant, and you will pay attorneys’ fees and costs incurred by Covered Parties in seeking such relief. This does not waive your right to pursue individual claims in arbitration and is an independent agreement. You may opt out of these dispute resolution provisions by providing written notice within thirty (30) days of first accessing the Website.

FOR COURT PROCEEDINGS, DISPUTES WILL BE TRIED BEFORE A JUDGE, NOT A JURY, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS IS EXCLUDED AND DOES NOT APPLY.

Illinois User Consumer Rights

Per 815 ILCS 505/2B, Illinois residents may file grievances with the Illinois Attorney General’s Office, 500 South Second Street, Springfield, IL 62701; phone: 1-800-243-0618; email: consumer@atg.state.il.us.

Miscellaneous

If any part of these Terms and Conditions is invalid or unenforceable, that portion will be construed consistent with applicable law, and the remaining portions remain in effect. These Terms and Conditions govern all uses of Offerings and Material. If any part of the Offerings conflicts with these Terms and Conditions, these Terms and Conditions prevail, except: (a) for NFTs, the NFT Agreement prevails; (b) for Promotions, the Promotion Official Rules prevail; and (c) for Owner Promotions, the Owner Promotion Rules prevail. Failure to enforce any provision is not a waiver of that provision or the right to enforce it. No agency or partnership is created by these Terms and Conditions.