Terms & Conditions
Each NFT is bound to its own Terms.
**INTRODUCTION & AGREEMENT TO THESE TERMS & CONDITIONS:**
This document is the "Terms & Conditions" for the non-fungible token (”Tamperproof") project that has posted this document within its NFTs and/or at the point where its NFTs are sold. The NFT project that has posted this document within its NFTs and/or at the point where they are sold is referred to in this document as the "Tamperproof". These Terms & Conditions are a legally binding agreement regarding the Project and your rights and obligations related to it. By making a purchase from the Project or interacting with its NFTs, you are agreeing to these Terms & Conditions.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE INTERACTING WITH THE PROJECT OR ITS NFTs. THE PROJECT'S CREATOR (AS DEFINED BELOW) IS ONLY WILLING TO MAKE THE PROJECT AND THE RIGHTS STATED IN THESE TERMS & CONDITIONS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS & CONDITIONS. IF YOU DO NOT FULLY AGREE TO THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PROJECTS OR ITS NFTs.
**DEFINITIONS OF CREATOR, ART, OWN, PURCHASED NFT, THIRD PARTY IP, PROJECT MATERIALS & SMART CONTRACT:** For the purposes of these Terms & Conditions, the capitalized phrases in quotes that are defined in the rest of this paragraph will have the definitions given to them in this paragraph. “Art” means any art, design, and drawings that may be associated with an NFT that you Own. “Own” means a NFT that you have majority purchased or otherwise rightfully majority acquired from a legitimate source, where proof of that purchase is recorded on the relevant blockchain. “Purchased NFT” means an NFT from the Project that you Own. "Creator" means, collectively, the individuals, companies, ogranizations and/or other entities that first offered the Project NFTs for sale, minting, giveaway, or trading (for example, and as applicable, the artist(s) and/or software developer(s) who authored the Project NFTs and Smart Contracts and initially made the NFTs available for sale on an NFT marketplace). “Third Party IP” means any patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world that are not owned by the Creator. "Project Materials" means all Art, designs, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of this Project. "Smart Contract" means the software commonly referred to as "smart contracts" that makes up part of the Project and runs on the applicable blockchain network.
**BLOCKCHAIN NETWORK:** Through the Smart Contracts, users may buy, sell own and transfer the Project's digital characters, collectibles, generative artwork, and/or other digital assets. To interact with the Project, you will need to have a web browser and a digital wallet that is compatible with the NFT standard on the Project's applicable blockchain network (for example, and as applicable, the Ethereum blockchain). All transactions regarding this Project are managed and confirmed via the applicable blockchain network. The Creator does not own or control your web browser, your digital wallet, any blockchain network such as the Solana network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to perform a transaction. The Creator will not be responsible for the acts or omissions of any third parties, nor will they be responsible for any damage that you may suffer as a result of your transactions or any other interaction with any third parties.
**OWNERSHIP:** When you purchase an NFT from the Project, you own only the NFT, not any related Art or any other Project Materials. You can trade the NFT, sell it, or give it away. Ownership of the NFT is governed only by the Smart Contract and the applicable blockchain network (for example, and if applicable, the Solana Network). The Creator owns the Art. You acknowledge and agree that the Creator (or, as applicable, any parties they have licensed rights from and/or who they transfer their rights to) own all legal right, title and interest in and to all other elements of the Project (including, but not limited to, its Art), and all intellectual property rights in the project and the Project Materials. You do not have any rights in the Project Materials except for those rights expressly stated in these Terms & Conditions. All Project Materials are the property of the Creator (and/or their licensors, licensees, and/or assignees, if and to the extent applicable). The Creator (and, if applicable, their licensees, licensors, and assignees) reserve all rights in and to the Project Materials that are not expressly granted to you in these Terms & Conditions.
**LICENSE FOR NON-COMMERCIAL USE OF THE ART:** For so long as you continue to Own the applicable NFT and fully comply with these Terms & Conditions, the Creator grants you a limited worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art of your Purchased NFT solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your Purchased NFT, but only if the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner of the NFT can display the Art; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased NFT, but only if the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner of the NFT can display the Art, and only if the Art is no longer visible once the owner of the Purchased NFT leaves or logs out of the applicable website/application.
**GENERAL RESTRICTIONS:** You agree not to do any of the following things unless you make a request to the Creator and are granted specific written permission by them: (a) modify the Art in any way; (b) use the Art to advertise, market, or sell any product or service; (c) use the Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art in movies, videos, or any other forms of media, unless and only to the degree that the use is expressly authorized elsewhere in these Terms & Conditions or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain or otherwise commercialize merchandise that includes, contains, or consists of the Art, unless and only to the degree as expressly authorized elsewhere in these Terms & Conditions; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art.
**RESTRICTIONS ON THIRD PARTY IP:** If the Art contains Third Party IP (for example, intellectual property from a celebrity, athlete, sports league, or company other than the Creator), you understand and agree with the following: (a) you will only have the rights to use the Third Party IP as it is included within your Purchased NFT and only so long as you are using your Purchased NFT in compliance with these Terms & Conditions; (b) any license for commercial use stated in these Terms & Conditions will not apply; (c) depending on the nature of the license granted from the owner of the Third Party IP, the project creator may need to pass through additional restrictions on your ability to use the Art; and (d) to the extent that the project creator informs you of these additional restrictions in writing (e.g., via email), you will be responsible for complying with all the additional restrictions from the date that you receive the notice, and failure to do so will be deemed a breach of these Terms & Conditions.
**LICENSES END IF YOU NO LONGER OWN A PURCHASED NFT.** For clarity, please note that the licenses granted in the clauses titled "LICENSE FOR NON-COMMERCIAL USE OF THE ART" and "LICENSE FOR NON-COMMERCIAL USE OF THE ART" apply only if you continue to Own the applicable NFT. If at any time you cease to Own (as defined in these Terms & Conditions) the Purchased NFT for any reason, these licenses will immediately expire with respect to you, and you will have no further rights to the Art for that Purchased NFT.
**USE OF THE PROJECT'S NAME.** Notwithstanding any contained in these Terms & Conditions, you are not granted any rights to use the project's name for any purpose without obtaining the Creator's prior written consent.
**DISCLAIMERS.** TO THE FULLEST EXTENT PERMISSIBLE PER APPLICABLE LAW, THE PROJECT CREATOR AND THEIR SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND CONTRACTORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, REGARDING ANY NFTS, SMART CONTRACT, ETC.), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET. THE PROJECT CREATOR WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK (FOR EXAMPLE, THE ETHEREUM NETWORK) OR ANY DIGITAL AND/OR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECT SMART CONTRACTS OR OTHER TRANSACTIONS; SERVER FAILURE OR DATA LOSS; CORRUPTED WALLET FILES; OR UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN, WHICH IS EARLY STAGE AND/OR EXPERIMENTAL TECHNOLOGY. THE PROJECT CREATOR MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. THE PROJECT CREATOR IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY FEATURES OF OR RELATED TO THEM OR ANY ELECTRONIC AND/OR DIGITAL WALLET.
**LIMITATION OF LIABILITY.** THE PROJECT CREATOR AND THEIR SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND CONTRACTORS, WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THEIR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS AND/OR ANY NFT, IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID THE PROJECT CREATOR UNDER THESE TERMS & CONDITIONS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. THE PROJECT CREATOR SOLD THE PURCHASED NFT AND ENTERED INTO THESE TERMS & CONDITIONS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
**GOVERNING LAW.** The Terms & Conditions shall be governed by and construed in accordance with the laws of Illinois, excluding its conflicts-of-law rules, and the United States of America. For the purposes of these Terms & Conditions and/or any disputes related to them and/or the Purchased NFT, you and the Creator consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Illinois.
**MISCELLANEOUS.** These Terms & Conditions are the entire agreement between you and us regarding the Purchased NFT, and replace and trump all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Creator with respect to the Purchased NFT. If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the rest of the Terms & Conditions to remain enforceable. Failure to enforce any part of these Terms & Conditions shall not constitute a waiver of the right to later enforce that or any other part of these Terms & Conditions. For any waiver of compliance with these Terms & Conditions to be binding, a party's authorized representatives must provide written notice of that waiver. The language in these Terms & Conditions will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms & Conditions, whether by operation of law or otherwise, without our prior written consent. The Creator may assign their rights and obligations under these Terms & Conditions in their sole discretion
**Program Terms - Sweepstakes**
As part of the execution, we will distribute NFTs in the form of Giveaways.
1. **NO PURCHASE NECESSARY:** No purchase or payment is necessary to enter. A purchase or payment will not increase your chances of winning.
2. **PROMOTION PERIOD AND SPONSOR:** This Giveaway (“Sweepstakes”) is sponsored by Captain XYZ, Inc (“Sponsor” or “Captain”). We will be giving away NFTs which contain Gift Cards from different merchants. Only valid while supplies last.
3. **ELIGIBILITY:** The Sweepstakes is open to legal residents of the USA. Must be 18 years of age or older at the time of entry. Valid proof of age will be required to collect any prize. Employees, officers, and directors of Sponsor and Sponsor’s franchisees, parents, affiliates, distributors, retailers, advertising agencies, promotion agencies, and judging agencies (and the immediate families and household members of each of the foregoing) are not eligible to win.
4. **PRIZES & ODDS:** A maximum of One (1) NFT ticket per customer. We will distribute one hundred and fifty (150) NFTs total. No cash redemption or substitution is permitted, except by Sponsor, who may substitute a prize of equal or greater value if any advertised prize becomes unavailable. We reserve the right to stop the promotion once it’s reached its limit without notice. Any and all federal, state, and local taxes, and any other related expenses on prizes, if any, are the sole responsibility of the winner. Each NFT is subject to the terms of the “smart contract” governing the NFT.
5. **HOW TO ENTER:** Eligible individuals may enter the Sweepstakes by “Claiming” and NFT from the QR code posted, or interacting with specific posts on our Twitter account: @captaintechlabs. Individuals entering the sweepstakes (“Entrants”) are not required to register, pay any entrance fees, or make any expenditure in order to participate in the Sweepstakes or win a prize. No correspondence regarding Submissions will be acknowledged or entered into with Entrants. Sponsor is not responsible for late, lost, incomplete, illegible, stolen, damaged or misdirected Submissions (all of which are void). In case of any dispute as to the identity of any Entrant, the Submission will be deemed as having been made by the "Authorized Account Holder" of the email address or digital wallet housing assets included in the Submission, defined as the natural person who is assigned to (a) an email address by a telephone company, wireless service provider, internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses. Limit one (1) Submission per eligible person. Any attempt to participate more than one (1) time per NFT, whether by use of multiple identities, email address, digital wallets or other means is grounds for disqualification. No automated methods of participation are allowed.
6. **SELECTION OF WINNERS.** Winners are determined based on a first come first save basis of eligible entrants who successfully “claim” one of the available NFTs , up to a maximum of one hundred and fifty (150) NFTs in total. No Entrant may win more than one prize during the Sweepstakes. Winners will be notified immediately upon successful “minting” of the NFT at [https://www.tamperproof.xyz/](https://www.tamperproof.xyz/).
7. **JUDGES’ DECISIONS FINAL.** Decisions of the Sweepstakes judges regarding all matters relating to the Sweepstakes are final and binding.
8. **TERMS &** **CONDITIONS.** As a condition of participating, each Entrant agrees to the following terms and conditions:
2. **Compliance with Law and Official Rules.** Entrants must conduct themselves in a respectful manner at all times and to abide by all federal, state and local laws and regulations, and be bound by these Official Rules.
3. **Waiver and Release**. Neither Sponsor nor any of its parents, affiliates, subsidiaries, distributors, retailers, or any of their respective shareholders, directors, officers, distributors, franchisees, employees or promotion/advertising agencies will have any liability whatsoever for any injuries, losses, harm, damage, cost, or expense arising from or in connection with participation in this Sweepstakes or any prize-related activities, or the acceptance, possession, use and/or misuse of a prize including, without limitation, any personal injury or death associated with the use of the prize.
4. **Indemnification**. Each Entrant hereby releases, indemnifies and holds harmless Sponsor and its and officers, directors, employees, representatives, agents, affiliates, parents and subsidiaries from any and all suits, actions, claims, demands, losses, costs, expenses, judgments, awards, liabilities, obligations and damages, including but not limited to attorneys’ fees and costs to the extent arising from or caused by the acts or omissions of any Entrant in connection with the Sweepstakes, including, without limitation any claim related to the Entrant’s Submission or the content therein.
5. **Additional Disclaimers**. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of entries. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any person’s computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. If the Sweepstakes is terminated before the designated end date for the foregoing reasons, Sponsor will (if possible) select winners of any remaining prize(s) via a random drawing from among all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy in such circumstances
6. **OTHER.** CAUTION—ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING, REASONABLE ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, Sponsor reserves the right to disqualify any Entrant from the Sweepstakes who behaves in a way the reflects negatively on Sponsor or undermines the legitimate operation of the Sweepstakes, does not comply with these Official Rules or violates any federal, state or local law or ordinance in connection with the Sweepstakes. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.
7. By entering the Sweepstakes, you agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of California without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in California for resolution of any disputes relating to the Sweepstakes and waive any objection thereto.
8. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
9. **WINNER LIST.** For a list of winners, available after March, 2023, send an email to email@example.com. **All requests must be received by Abril 22, 2023.** We reserve the right to cancel or modify at any time.
**Gift Card terms**
We will be giving away NFTs that contain Gift Cards from different merchants.
Each gift card is bound by its own terms set by the merchant (e.g. Dunkin’ Donuts). Please refer to the merchant’s website for their terms.
**Nonreturnable.**Notwithstanding anything contained in these Terms and Conditions, Tamperproof eGift Cards are not returnable or refundable for cash except in states where required by law.