ENTRANTS MUST BE AT LEAST 18 YEARS OLD TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ENTRY VIA TWITTER ONLY. A TWITTER ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER, INC.
THIS SWEEPSTAKES IS NOT BEING OFFERED TO LEGAL RESIDENTS OR CITIZENS OF THE UNITED STATES OF AMERICA OR ITS TERRITORIES OR POSSESSIONS. LEGAL RESIDENTS AND CITIZENS OF THE UNITED STATES OF AMERICA ARE INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES AND ARE INELIGIBLE TO CLAIM ANY PRIZE.
BY ENTERING THE SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Sweepstakes is open to persons at least eighteen (18) years of age, or the age of majority in the jurisdiction in which they reside. An entrant must have a Twitter account in order to participate. Legal residents or citizens of the United States of America or its territories or possessions are not eligible to participate in the Sweepstakes are are not eligible to claim any Prize. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor are not eligible. For the purposes of the Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
The Sponsor is Alongside Finance, Inc. (“Sponsor”).
3. Sweepstakes Period
The “Sweepstakes Period” begins at 10:00 AM Eastern Time (“ET”) on May 8, 2023 and ends at 12:00 PM ET on May 9, 2023 or until the Prize (defined below) is completely disbursed, whichever occurs first. Prize Recipients (defined below) will be selected during the Sweepstakes Period.
4. How to Enter
To participate and enter this Sweepstakes, you will need a Twitter account (a “Social Media Account”) and a wallet that is capable of holding digital assets. Limit one (1) entry per person/wallet.
If you don’t already have a Twitter account, visit www.twitter.com to create one; creating a Twitter account is free. By submitting your information and creating a Twitter account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter account.
To enter the Sweepstakes, eligible individuals (“Entrants”) must like and reply to the Sponsor’s post on Twitter that references the Sweepstakes (an “Entry”). Entrants and Prize Recipients should consult with their tax advisors for the tax implications of participating in the Sweepstakes.
NOTE: Entries from Social Media Account users with “protected” or “private” updates (i.e., user has set their Social Media Account so that only people the user has approved can view updates) may not be received due to the way Twitter operates its service. Twitter posts not received by Sponsor will not be entered into the Sweepstakes. Multiple entrants are not permitted to share the same Social Media Account. Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each Entrant gives consent for his or her name, address and other information to be obtained and delivered to any necessary third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices.
NOTE ABOUT TWITTER: Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case the Sweepstakes may be modified or terminated. It is a potential Recipient’s responsibility to set his/her Social Media Account as applicable, to accept contacts and to timely check such account for any direct messages.
5. Recipient Selection
Prize Recipients will be chosen at random. Your odds of winning depend on the number of eligible Entries received.
6. Recipient Notification
The Prize Recipients will receive a notification stating that they have won, and providing instructions for claiming their Prize (a “Recipient Notification”).
If any Recipient Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential Recipient cannot be reached after a reasonable attempt has been made, if a Recipient cannot participate in any portion of the applicable Prize, or if the potential Recipient fails to respond to a Recipient Notification within the time periods set forth herein, the prize will be forfeited and an alternate Recipient may be selected (time permitting) based on the original method of Recipient selection. The notification procedures in connection with the selection of any alternate potential Recipient may be modified in the sole discretion of the Sponsor. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Recipient must follow the directions in his or her Recipient Notification.
7. Prize: 0.1 AMKT to be distributed among 100 Prize Recipients
The value of this prize may constitute taxable income and Recipients are responsible for reporting and paying all applicable taxes in their jurisdiction of residence.
Approximate Retail Value (“ARV”) of all Prizes: US $1,000.
Limitations on Winning: In addition to the one (1) prize per Entrant limit during the entire Sweepstake Period, each Entrant is limited to winning up to 10 AMKT across all sweepstakes conducted during January 1, 2023 to December 31, 2023 calendar year.
Prize Recipients receive their prize as a digital asset which is sent to the Recipient’s designated digital asset wallet.
Any lost or stolen Prize or any Prize that is undeliverable or does not reach the Prize Recipient because of incorrect or changed contact information will not be replaced. If the Prize Recipient does not accept or use the entire Prize, the Sponsor has no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for any inability of the Prize Recipient to accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
8. Licenses and Approvals
Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Sweepstakes. In addition, by submitting an Entry in this Sweepstakes, Entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Entrants name, voice, persona, likeness, image, prize information, any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Sweepstakes, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releases from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A RECIPIENT, ENTRANTS IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANT’S NAME AND PHYSICAL ADDRESS, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A RECIPIENTS’ LIST.
9. Limitation of Liability
The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Sweepstakes-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Sweepstakes-related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s account. Sponsor is not responsible, and may disqualify Entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, Entrant’s sole remedy is another Entry in the Sweepstakes.
AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SWEEPSTAKES ENTITIES, TWITTER, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH RECIPIENT AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT SUCH GENERAL RELEASE WILL EXTEND TO CLAIMS THAT THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE.
10. Additional Disclaimers
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any Entrant or Prize Recipient or any person claiming through such Entrant or Recipient for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
11. Binding Arbitration
You and the Sponsor agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE OFFICIAL RULES WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SPONSOR. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you or Sponsor agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Official Rules. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may elect, in writing sent to the other party, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. If either party elects small claims court, the dispute will be resolved in that forum and not through arbitration.
Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) to be selected by teh Sponsor. Except as set forth above, and for disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Official Rules (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand but before an arbitrator has been selected, the other party can send a written notice to the opposing party that it wants the Dispute decided by a small claims court, upon which time the arbitration proceeding shall be closed.
Arbitration Procedures. To the extent any in-person arbitration hearing is required, the arbitration hearing will take place as close to your hometown as practicable. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees. The party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee.
12. General Rules
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Sweepstakes. Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate Recipient. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the Prize from eligible Entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Social Media Account as applicable, of record for the account submitting an Entry during the Sweepstakes Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each potential Recipient may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion. Any damage made to the Website or the Twitter service will be the responsibility of the registered account holder of the e-mail address for the Social Media Account, as applicable, submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.