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Sui 8192 Competition - Terms and Conditions

OFFICIAL RULES

Effective Date: These Official Rules are effective as of July 27, 2023.

  1. Competition Description: The Sui 8192 Competition (the “Competition”) is a daily series of contests (each a, “contest”) that begin on Tuesday August 8, 2023 at 8:01 AM Pacific Time (“PT”) and ends upon our notice to the participants (the “Challenge Period”). The Promoter may alter the Challenge Period in its sole discretion. Please check the Official Rules throughout the Challenge Period for up-to-date information.

    You can review how the Administrator will run the Competition here. Please review the Competition Description for any updates, which are incorporated to these Official Rules.

  2. Agreement to Official Rules. By entering or participating in the Competition, you accept and agree to be bound by these “Official Rules”. Periodically during the Challenge Period, Promoter may announce new Competitions, in which case Promoter will update these Official Rules to detail the parameters of each new Competition. Please review the Administrator’s Terms of Service at https://ethoswallet.xyz/terms-of-service.

  3. Eligibility. The Competition is a skill-based contest open to legal residents of the 50 United States and D.C. (excluding Puerto Rico), eighteen (18) or older, as of the date of entry, a Sui Protocol compliant wallet, and to residents of countries where such contests are not prohibited. Employees, officers and directors of Administrator and Promoter and their parent company, affiliates, subsidiaries, are not eligible to participate in the Competition.

  4. There is no limit on the number of times you may play Competition during the Challenge Period, subject to the terms and conditions of these Official Rules. Participating in the Competition using cheats, automated software (e.g., bots) or like methods of game play is strictly prohibited. The use of a script, macro, or any other device to automate or subvert the Competition is prohibited, and all such registrations and entries will be void. Promoter and Administrator reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.

  5. Determination of Winners. Without limiting any other terms of these Official Rules, Promoter or Administrator reserves the right to disqualify any entrant, in its sole discretion, if Promoter or Administrator finds evidence or has cause to suspect such entrant of receiving an unfair advantage over other participants (whether by means of external automated software or otherwise). Score accrual will be tracked by Administrator’s internal clocks and systems. The decisions of the Promoter or Administrator (including, but not limited to, any calculation or computation by Administrator’s systems or the results thereof) will be final.

  6. Prizes. Rewards are administered as Sui Tokens (“Tokens”). Tokens for the Competition will be provided by the Promoter. Distribution of rewards will follow the end of each contest during the Challenge Period. Immediate or precise timing for reward distribution is not guaranteed. Following the end of each contest, Promoter and/or Administrator will endeavor to provide guidance to the participants as to the schedule of the reward distribution. Individual notifications as to delivery of rewards will not be provided.

  7. No substitution or transfer of rewards is permitted by winner. Promoter and Administrator each reserves the right to substitute a reward of equal or greater value in its sole discretion. Promoter and Administrator will not replace any lost or stolen rewards. Winners are solely responsible for any and all federal, state, and local taxes, if any, that apply to rewards. Without limiting any other terms of these Official Rules, you agree to provide Promoter and Administrator with any additional information and complete any required tax or other forms relating to your receipt of a reward.

  8. Notification of Winners. The potential First Place Winner will be notified by the leaderboard (“Leaderboard”) and must respond within forty-eight (48) hours of initial contact to claim the reward. The potential winner may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner of either a contest cannot be contacted, is ineligible, fails to claim a reward within three (3) business days and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the reward may be forfeited and an alternate winner will be selected from remaining Leaderboard participants.

  9. Disclaimers and Limitations on Liability.

    (a) Promoter and Administrator are not responsible for:

    1. late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or score submissions, responses, or other correspondence, whether by email or postal mail or otherwise;
    2. theft, destruction, unauthorized access to or alterations of entry materials; or
    3. phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

    (b) ALL PRIZES ARE PROVIDED “AS IS”. PROMOTER AND ADMINISTRATOR SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED WITH RESPECT TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PROMOTER AND ADMINISTRATOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT PROMOTER AND ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROMOTER AND ADMINISTRATOR’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THE CONTEST INCLUDING THESE OFFICIAL RULES WILL NOT EXCEED $10.00. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  10. Indemnification. You agree to release, discharge, indemnify, defend and hold Promoter and Administrator and their respective parent(s), affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Competition, harmless, from any and all claims, injuries, damages, expenses, costs or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Competition or acceptance or use of a reward or parts thereof, including, without limitation: (i) in connection with your game play or Daily Score Submissions; (ii) arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; (iii) from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Competition activity and/or reward); or (iv) in connection with or as a result of the reward, or acceptance, possession, use or misuse of any reward, or from participation in the Competition.

  11. Additional Conditions. Promoter and Administrator reserve the right, in their sole discretion, to terminate, modify or suspend the Competition in whole or in part, if in Promoter’s or Administrator’s opinions: (a) the Competition is not capable of running as planned by reason of the occurrence of any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Competition by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Promoter’s or Administrator’s control, or (b) any other factors beyond Promoter’s or Administrator’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, in all instances without liability to the entrants. Promoter or Administrator also reserve the right to disqualify any entrant or winner, as determined by Promoter or Administrator, in their sole discretion.

  12. Governing Law and Arbitration. These Official Rules are governed by the law of the State of Delaware, without reference to rules governing choice of laws. Except where prohibited by law, as a condition of participating in this Competition, you agree that (1) any and all disputes and causes of action arising out of or connected with this Competition, or any rewards awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest to you; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Any and all claims, judgments and awards will be limited to actual, third-party out-of-pocket costs incurred (if any) not to exceed Ten Dollars ($10.00), but in no event will attorneys’ fees be awarded or recoverable. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in this Competition), and you further waive all rights to have damages multiplied or increased.

  13. Personal Information. Administrator may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Administrator’s privacy policy here.

  14. Promoter. Sui Foundation (“Promoter”). Promoter and its parents, affiliates and subsidiaries are not responsible for the sponsorship, administration or execution of this Competition.

  15. Administrator. Nod Labs, Inc. dba Ethos (“Administrator”).

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