These Promotional Terms and Conditions (“Promotion Terms”) apply to all promotions (each, a “Promotion”) offered by Paxful, Inc. and its affiliates, including but not limited to Paxful USA, Inc. (collectively “Paxful”). Each Promotion may have additional terms and conditions or rules (“Rules”) that may be provided with the Promotion’s details. These Promotion Terms and the applicable Rules for each Promotion will govern such Promotion and your participation therein. In the event of a conflict between these Promotion Terms and the applicable Rules, the terms of the applicable Rules will govern to the extent of such conflict. Please read these Promotion Terms and the applicable Promotion’s Rules carefully before you participate in a Promotion. By participating in a Promotion, you represent and agree to be bound by these Promotion Terms, the applicable Rules, and Paxful’s Terms of Service (“Terms of Service”) and Privacy Notice (“Privacy Notice”). All Promotions are subject to all applicable laws and regulations and are void where prohibited by law.
1. NO PURCHASE NECESSARY
No purchase is necessary to enter or win a Promotion.
To be eligible to participate in a Promotion, at the time and date of entry and during the entire length of such Promotion:
- You must have an active registered Paxful account and completed identity verification with no account restrictions and meet other eligibility criteria in the Rules, if any;
- You must be of legal age in the jurisdiction in which you reside and you must have the legal capacity to enter into these Promotion Terms and the applicable Rules and be bound by the foregoing (void where prohibited);
- You must not be an employee or contractor of Paxful, its affiliates, subsidiaries, and agencies, or a member of such employee’s or contractor’s immediate family or living in the same household;
- You must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, “Restricted Territories”);
- You are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, “Sanctioned Person”);
- You must not intend to transact with any Restricted Person or Sanctioned Person;
- You must not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services (as that term is defined in Paxful’s Terms of Service);
- Your access to the Services (a) must not be prohibited by and not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Paxful, you, the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); and (b) must not contribute to or facilitate any illegal activity; and
- You must meet all additional eligibility requirements set forth in the applicable Rules.
Paxful reserves the right to limit or refuse your eligibility to participate in any Promotion for any reason in its sole discretion, including where your participation is prohibited by Applicable Laws. If Paxful becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Service, Paxful may elect to, among other things, (i) prohibit you from using the Services; or (ii) withhold, amend, or cancel the benefits or rewards of any Promotion.
3. PROMOTION RULES
- Promotion Start and End Times. Each Promotion will start and end as described in the applicable Rules (“Promotion Period”). Engaging in any activity before or after the Promotion Period will not result in receiving any benefits or rewards from the Promotion. Paxful determines in its sole discretion when a Promotion Period is deemed to have started and ended.
- Promotion Entry and Participation. To participate in a Promotion, during the Promotion Period, subject to eligibility, you must follow the instructions in the applicable Rules. Promotions may be limited to one benefit or reward per person in Paxful’s sole discretion. To ensure that a Promotion is limited to one benefit or reward per person, Paxful reserves the right to permit only one person per household IP address, Paxful account, email address, or other factors Paxful decides in its sole discretion. Paxful reserves the right to disqualify any Promotion entry for any reason in its sole and absolute discretion.
- Promotion Entry and Participation via Social Media. If the applicable Rules specify that a Promotion entry must be posted on social media (e.g., X (Twitter), Instagram, etc.), the following additional rules will apply to all such Promotions:
- If you use multiple social media accounts to enter, you will be ineligible to participate in the Promotion.
- Posting the same entry multiple times will not increase chances of winning.
- ALTERNATIVE METHOD OF ENTRY: As an alternative to posting your entry on social media, you may mail your Promotion entry, along with your full name, complete address, phone number, and email address to: Paxful, 4023 Kennett Pike #50541, Wilmington, DE 19807. No mechanically reproduced or photocopied entries will be accepted. Mailing the same entry multiple times will not increase chances of winning. Entries become the property of Paxful and will not be returned.
- Judging Criteria. The judging criteria of each Promotion will be described in the applicable Rules. Judging criteria and judges will be determined by Paxful in its sole discretion.
- Winner Notification. Winners will be determined at the conclusion of a Promotion and will be notified by email or other contact methods provided at the time of entry. Winners will be required to provide a valid email address, mailing address, and Paxful account information, which will be used to fulfill the Promotion benefit or reward and ensure eligibility to receive such benefit or reward. At the discretion of Paxful, a Winner may be disqualified if not eligible based on the eligibility requirements set forth above. In the event it is determined that a Winner has not complied with these Promotion Terms or the applicable Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a notification is returned as undeliverable, then the winner will be disqualified and at Paxful’s sole discretion, another eligible entry may then be declared an alternate Winner.
- Promotion Benefits/Rewards and Approximate Retail Value. The number of winners and any benefits or rewards and their approximate retail value will be outlined in the applicable Rules. Winners will not be entitled to receive any benefit or reward until such Winners have been verified as the Winner by Paxful. Upon fulfilling delivery of such reward or benefit, Paxful will be deemed to have awarded the reward or benefit to the Winner, and such Winner assumes full responsibility for the reward or benefit. All reward or benefit details are at Paxful’s sole discretion. Any rewards or benefits are not redeemable for cash. Substitution or transfer of a reward or benefit by Winner is not permitted. Paxful reserves the right to substitute a reward or benefit of equal or greater value.
4. PROMOTION ADMINISTRATION
Paxful hereby reserves the right to amend, modify, suspend, or terminate any Promotion at any time with or without prior notice or consent. Paxful further reserves the right to amend, withhold, or cancel any Promotion rewards or benefits granted if Paxful becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Service. Administration of Promotions is at the sole discretion of Paxful, subject to the Applicable Laws. Any questions relating to eligibility, these Promotion Terms, the applicable Rules, or the Promotion will be resolved at Paxful’s sole discretion and its decision will be final and binding with respect thereto.
CAUTION: Any attempt to deliberately damage any Service or undermine the legitimate operations of a Promotion is a violation of criminal and civil laws. Should such an attempt be made, Paxful reserves the right to seek damages to the fullest extent permitted by the law and to disqualify such person’s participation in any Promotion.
By participating in a Promotion, you acknowledge and agree that any personal information that you provide will be maintained in accordance with the Privacy Notice. By participating in a Promotion, you hereby (a) grant to Paxful the right to use your name, email address, and any other information you provide to Paxful (“Personal Information”) for the purpose of administering the Promotion; (b) grant to Paxful the right to use your Personal Information for publicity, promotional, marketing and advertising purposes relating to the Promotion, in any and all media now known or hereafter devised, in perpetuity without further compensation, notification, or permission unless prohibited by Applicable Laws; and (c) acknowledge that Paxful may disclose your Personal Information to its third-party agents and service providers in connection with any of the foregoing activities. Paxful will use your Personal Information only for the identified purposes and as contemplated in the Privacy Notice.
Paxful and its officers, directors, employees, partners, affiliated companies, subsidiaries, suppliers, distributors, advertising and promotional agencies, agents, representatives, successors, and assigns (collectively, the “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, or delayed Promotion entries, all of which will be void. Released Parties are also not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Promotion entry to be received by Paxful on account of technical problems, traffic, congestion on the Internet or the Services, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications which may limit your ability to participate in a Promotion. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human, or otherwise relating to or in connection with a Promotion, including, without limitation, errors or malfunctions with may occur in connection with the administration of the Promotion, the processing or judging of entries, the announcement of a reward or benefit, or in any Promotion-related materials.
YOU AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN A PROMOTION. YOU AGREE THAT THE RELEASED PARTIES ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN A PROMOTION AND ACCEPTANCE, POSSESSION AND USE OF THE BENEFITS OR REWARD OF A PROMOTION. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PUBLICATION OF THE OFFER OR ADMINISTRATION OF THE PROMOTION OR ANNOUNCEMENT THEREOF.
7. ASSIGNMENT OF RIGHTS
You hereby acknowledge that your Promotion entry and all other materials of every kind whatsoever created by you relating to a Promotion (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for Paxful, and you assign to Paxful (or, if any Applicable Laws prohibit or restrict such assignment, you hereby grant to Paxful an irrevocable, perpetual, royalty-free, transferable license of) limited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised. By submitting a Promotion entry, you acknowledge and agree that Paxful may obtain many submissions under a Promotion and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under such Promotion and/or other Promotions staged and/or sponsored by Paxful, and you waive any and all claims you may have had, may have, and/or may have in the future, that any composition, design, video, and/or other works accepted, reviewed and/or used by Paxful (or its respective designees) may be similar to your Promotion entry. You acknowledge and agree that Paxful does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Promotion entry.
You will be solely responsible for all income tax liabilities that arise from or in any way relate to any benefit or reward that Paxful conveys to you, including income taxes, sales, personal property, use, VAT, excise, withholding, and self-employment taxes. Paxful has the right to withhold from any amounts payable to you such foreign, federal, state, or local taxes as may be required to be withheld under any Applicable Laws. You must report the value of the benefit or reward you receive from Paxful.
9. ARBITRATION AND CHOICE OF LAW
Except where prohibited by law, as a condition of participating in any Promotion, you agree that (1) any and all disputes and causes of action arising out of or connected with a Promotion, or any rewards or benefits awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest 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. Under no circumstances will you be permitted to obtain rewards or benefits 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 entering a Promotion), and you (or, if an eligible minor, your parent or legal guardian) further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Promotion Terms or the applicable Rules, or the rights and obligations of you and Paxful in connection with a Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Delaware, USA without regard to Delaware choice of law rules.