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Fountain Fridge NFT - Terms & Conditions

As the recipient of this NFT, you agree to the below terms and conditions:

Fountain Beverage Co. (“Fountain”) is offering as the prize in the Fountain Fridge Sweepstakes (“Sweepstakes”) at Magic.link (“Marketplace”) a Fountain refrigerator-themed non-fungible token (“NFT”) that includes a GIF of a Fountain-branded refrigerator (“Artwork”), as determined by Sponsor.

Winning the NFT

  • Winner will receive an NFT associated with the Artwork.
  • If you win the NFT, you must have or create an account on the Marketplace. In order to create a Marketplace account, you must meet all requirements of the Marketplace Terms (as defined below), which may include, without limitation, owning or establishing a compatible wallet (“Wallet”), and linking a payment method that is accepted by the Marketplace to the Wallet.
  • By participating in the Promotion, you agree to be bound by the applicable terms of the Promotion (the “Rules”).
  • You also agree to be bound by the terms of the Marketplace and the Wallet (if applicable), respectively (collectively, “Terms”).
  • Following winner verification, the NFT will be transferred to the winner via the Marketplace in accordance with the Terms of the Marketplace.

Using the NFT

  • The owner of the NFT passively earns one $eltzer token every single day, for one year, starting on the day they receive the Fountain Fridge NFT.
  • After receiving the NFT, winners will receive an email to come back to the site, log in, and view/use their NFT to claim $eltzer tokens which can be redeemed for coupon codes for free fountain drinks.
  • The winner of the Sweepstakes and original owner of the NFT can only earn up to a total of 365 $eltzer tokens during the lifetime of the NFT.
  • When the owner of the NFT reaches twelve (12) tokens claimed, they can redeem those tokens for a 12-pack of Fountain Hard Seltzer by going to this website, NFTfridge.hellofountain.com. Once you’ve signed in with the email you used to enter into the sweepstakes, follow the instructions on the Redeem page to turn in your $eltzer tokens for a coupon code you can use on the hellofountain.com website to get a free 12-pack of Fountain Hard Seltzer.
  • The owner of the NFT can also wait to redeem more than 12 tokens at a time if they choose to do so.
  • Any unused seltzer tokens expire and can no longer be claimed one month after the 365th $eltzer token is earned.
  • The Fountain Fridge NFT can be sold at any time, just like any other NFT. However, transferring ownership of the Fountain Fridge NFT will remove the NFTs ability to yield $eltzer tokens.

Rights and Restrictions

The winner (“NFT Owner”) will own the NFT. WHILE THE NFT MAY POINT TO THE ARTWORK, IT IS IMPORTANT TO UNDERSTAND THAT NFT OWNER DOES NOT OWN THE ARTWORK AND WILL NOT HOLD THE COPYRIGHT OR ANY OTHER INTELLECTUAL PROPERTY OR OTHER RIGHT IN THE ARTWORK.

NFT Owner may only sell, trade, transfer, or use the NFT in accordance with applicable law and the terms of third party facilitators, including, without limitation, the Terms and the Rules, and NFT Owner shall only use the Artwork associated with the NFT to: (i) to market, promote, advertise and sell the NFT associated with the Artwork. This right belongs only to the current NFT Owner and automatically terminates when they no longer own the NFT.

NFT Owner may not do (nor permit any third party to do or attempt to do) the following:

  • Modify the Artwork in any way.
  • Make “commercial use” of the Artwork or any element thereof or therein, including, for example, by creating and selling copies of the Artwork, licensing the Artwork or any element thereof or therein (including for commercial purposes) (e.g., to sell merchandise, products or services), or otherwise commercially exploiting the Artwork or any element thereof of therein.
  • Apply for, register, or otherwise use or attempt to use the Artwork or any element thereof of therein or acquire additional rights in any property of Fountain, its parent, subsidiary, affiliate, or related entities, or any rights holder in or on the Artwork or any of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”), anywhere in the world, for any purpose other than as strictly permitted herein.
  • Use any of the Artwork or the NFT in any way that: (a) violates the rights of any Released Party or any third party or any applicable law, rule, or regulation, the Rules or the Terms; (b) is obscene, profane, pornographic, vulgar or offensive; (c) incites or promotes violence or violent or dangerous behavior, or depicts violence (either towards others or oneself); (d) involves hate speech, endorses any form of hate, or harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, threatens or discriminates on others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) spreads false, deceptive, misleading, otherwise unsubstantiated or unfair information or material or promotes any particular political agenda or message; (f) promotes any activities that may be or appear unsafe or dangerous, including, without limitation, excessive consumption of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); and/or (g) disparages any Released Party, their products or services or communicates messages inconsistent with the positive images and/or good will with which Released Parties wish to associate.

Failure to comply with these terms will result in forfeiture of the NFT.

Assumption of Risk; Liability Waiver

You acknowledge and agree that:

TRANSACTING ON A BLOCKCHAIN, INCLUDING, WITHOUT LIMITATION, TO AUCTION, BID ON, BUY OR SELL NFT, CONTAINS INHERENT RISK. SUCH RISKS INCLUDE BUT ARE NOT LIMITED TO: (A) RISK OF SUDDEN ASSET PRICE CHANGES; (B) RISK OF SMART CONTRACT FAILURE OR EXPLOIT; (C) RISK OF HARDWARE, SOFTWARE, OR CONNECTIVITY FAILURE; (D) RISK OF MALICIOUS SOFTWARE; (E) RISKS OF UNAUTHORIZED ACCESS; (F) RISK THAT YOU WILL NO LONGER SUCCESSFULLY RETAIN OWNERSHIP OF OR ACCESS TO THE NFT; AND/OR (G) RISK THAT ANY DATA OR ARTWORK BECOMES UNAVAILABLE. IF THE WINNER, BY ACCEPTING THE NFT, YOU ACKNOWLEDGE AND ACCEPT THESE AND ALL ASSOCIATED RISKS AND RESPONSIBILITIES AND AGREE THAT YOUR ACCEPTANCE OF THE NFT IS AT YOUR OWN RISK. IF THE WINNER, YOU SHOULD NOT ACCEPT THE NFT, INCLUDING TO ENGAGE IN BLOCKCHAIN-BASED TRANSACTIONS, UNLESS IT IS SUITABLE GIVEN YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. RELEASED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THESE RISKS.

Cryptocurrency and NFT Risks

  • The price and liquidity of blockchain assets, including the NFT you won, is extremely volatile and may be subject to large fluctuations;
  • Fluctuations in the price of other generally-available NFTs could materially and adversely affect the value of the NFT you win;
  • Legislative, and regulatory changes or decisions in a court of law at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of the NFT;
  • NFTs are not legal tender and are not backed by the government;
  • NFT transactions, generally, are most likely irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
  • NFT transactions are deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the transaction was initiated; and
  • The value of any NFT may be derived from the continued willingness of market participants to purchase NFTs, which may result in the potential for permanent and total loss of value of a particular NFT, including the NFT that you won, should the market for that NFT disappear.

The awarding of the NFT as part of the Sweepstakes is facilitated and run by numerous third parties, including, without limitation, the Marketplace, the Wallet and the public peer-to-peer network, Ethereum. None of these or other applicable third parties (collectively, “Applicable Third Parties”) are under the control or influence of any Released Party. Released Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any Applicable Third Party, including, without limitation, lost, late, incomplete, damaged, delayed, inaccurate, stolen, misdirected, undelivered, or garbled NFTs, or for errors or difficulties of any kind related thereto, whether human, mechanical, electronic, computer, network, typographical or otherwise.

No Released Party makes any representation, guarantee, or warranty as to the accuracy, fairness or reasonableness of the stated value of the NFT offered as the prize in the Sweepstakes, on or off of Marketplace, and cannot guarantee that you will be able to sell the NFT for the value stated. You acknowledge and agree that no Released Party is a fiduciary nor owes any duties to you, including the duty to ensure fair pricing of the NFT or to police the behavior of users on Marketplace. You bear sole responsibility for paying any and all taxes, duties, and assessments payable as the result of ownership, sale, transfer, use and/or exploitation of the NFT. Released Parties will have no liability whatsoever for, and shall be held harmless against, any liability for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance of the NFT.

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