By entering or participating, each entrant or participant (“Entrant”) agrees to these terms and conditions (“Terms and Conditions”) and the decisions of Binance, which are final and binding in all respects.
1. Eligibility: Unless otherwise specified, all prize promotions are open only to persons (i) who are eighteen (18) years of age or older (or such other legal age of majority applicable in the jurisdiction where the Entrant is a resident of) at the time of entry, with a valid passport number; and (ii) who have an active email account and Internet access prior to the beginning of the Challenge Period. VOID WHERE PROHIBITED. Employees, officers and representatives, and the immediate family members of such employees, officers and representatives (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Binance or its affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Challenge (collectively, the “Challenge Entities”) are not eligible to enter.
2. Timing: The Challenge begins on 2021-11-29 12:00 PM (UTC) and ends on 2021-12-13 11:59 PM (UTC) (“Challenge Period”). Binance’s computer is the official timekeeping device for entry in the Challenge. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply.
3. How To Enter: To enter, Entrants must:
- Follow all three Twitter accounts: https://twitter.com/binance, https://twitter.com/cz_binance and https://twitter.com/elonmusk.
- Your Twitter account must be set to “public”.
- Follow the directions in the relevant tweet (“Activity Tweet”) from @cz_binance. All information contained in the Activity Tweet is incorporated herein by reference.
- From your Twitter account and prior to the end of the Challenge Period, Entrants must create a new tweet with hashtags #DOGEorTesla and #Binance on Twitter, share the prize that Entrants wish to receive - Tesla or $50,000 in DOGE, and explain the reason why Entrants would like to receive the prize (“Entry Tweet”).
- Entrants must also comply with these Terms and Conditions to receive one (1) entry.
Your Entry Tweet must remain publicly posted and you must follow Binance’s official Twitter account (@binance) from the Challenge Period through winner announcement and must comply with the Guidelines and Content Restrictions (as set forth below) and Twitter’s Terms of Service and Rules and Policies, available at twitter.com/tos.
All entries submitted in compliance with these Terms and Conditions and not disqualified or void are considered “Eligible Entries.”
By entering the Challenge, Entrant: (a) agrees to be bound by these Terms and Conditions and by the interpretation of these Terms and Conditions by Binance and by the decisions of Binance, which are final and binding in all respects; (b) acknowledges compliance with these Terms and Conditions; and (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations. Winning the Prize is contingent upon fulfilling all requirements set forth in these Terms and Conditions.
Entrants hereby accept that the odds of winning will depend on the total number of Eligible Entries received.
4. Guidelines and Content Restrictions:
- The Entry must be in English and include the required hashtags.
- The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark, or other intellectual property rights.
- The Entry must not disparage or embarrass Binance, their respective owners and employees, or any other person or party affiliated with the activity.
- The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous.
- The Entry must not contain any materials relating to lotteries, gambling, tobacco, alcohol or drugs, pornography, adult-oriented content, or any other sexually explicit material.
- The Entry must not contain anything that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
- Entry must not in any other way violate applicable federal, state, provincial or local laws and regulations; and must be suitable for presentation in a public forum.
5. Prize:
There will be one winner selected from each team (2 in total). The Prizes are:
- One Tesla Model 3 - Basic specs x 1 winner (Tesla Prize)
- $50,000 in DOGE x 1 winner (DOGE Prize)
The total approximate value of the Prizes are as specified by Binance. From time to time during the Challenge, Binance may in its sole discretion award bonus Prizes to Entrants.
In relation to the Tesla Prize, Binance will order a Tesla Model 3 on behalf of the Tesla Winner within 4 weeks of the expiry of the Challenge Period, subject to these Terms and Conditions and availability of the Prize in the Tesla Winner’s country of residence. The Winner may elect to receive USD $50,000 equivalent in BNB instead of Tesla Model 3 (“ Alternative BNB Prize”).
The DOGE Prize and Alternative BNB Prize will be fulfilled via a distribution of DOGE and/or BNB to the Winner’s verified Binance (“Binance Account”). To claim the DOGE Prize and/or Alternative BNB Prize, the potential Winner will be required to create a Binance Account if they do not already hold a Binance Account. Winner must have an active and verified Binance account before the end of the Challenge Period. A potential winner that does not provide details of their existing Binance Account, within forty-eight (48) hours of prize notification, will forfeit the Prize. Creating an account will require the collection of personal information for identity verification purposes (including passport/photo ID and completion of a set of identity-verification questions). A potential winner that does not create a Binance Account and/or if their Binance Account is not verified and in good-standing as determined by Binance in its sole discretion, will be disqualified.
The value of DOGE and BNB shall be determined by Binance’s set rate on a date and time selected by Binance at its discretion prior to upload of Prizes to Winner’s Binance Account. If there is any restriction to receiving the Prizes offered in the country of the Winner, an alternate prize may be provided.
If for any reason the Prizes, or any part of a Prize, is unavailable or a Prize or related event is delayed, cancelled or postponed, or for any other reason, Binance reserves the right to modify the Challenge in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Terms and Conditions. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winner. Binance and the Challenge Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize. In the event a potential Winner cannot accept the Prize, such Prize will be cancelled. All costs and expenses not specifically listed above as part of the Prize are solely the Winner’s responsibility. Winner agrees to comply with any additional terms and conditions applicable for attending the Event. The Prizes are provided “as is”. Entrants acknowledge that Binance and the Challenge Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes, including any implied warranty of merchantability of fitness for a particular purpose. Any prizes pictured in advertising and other Challenge materials are for illustrative purposes only. For the avoidance of doubt, tokens to be awarded by Binance may be in the form of vouchers and coupons.
6. Winner Selection and Notification: The “Winner” of the Challenge will be determined by Binance based on a number of factors, including the creativity, originality and popularity of the Entrant’s tweets.
Binance’s appointed judges (“Judges”) will select the winner of the Prize by applying the judging criteria as specified by Binance (collectively, “Criteria”). The Winner will be selected based on the Criteria. The decisions of the Judges will be final on all matters relating to the judging.
The Prize will be awarded to the authorized account holder of the email address submitted with the entry regardless of the individual who submits the winning entry. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses. The Winner will be notified at the end of the Challenge Period (or such other time specified by Binance) via direct message (“DM”) from Binance’s official Twitter account to the Twitter account used to enter the Challenge with instructions on how to claim their prize and will be required to respond to such DM within 48 hours of date/time DM is sent by Binance and will be required to confirm his/her Binance User ID, address, email address and/or phone number.
Additionally, Binance and the Challenge Entities reserve the right to make a public announcement, announcing the Winner on either the Binance website, through the Binance app, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate. If the Winner cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within 48 hours (or such other time specified by Binance) from when the initial notification email is sent, the Winner forfeits the Prize.
7. Winner Verification: The Winner may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within forty-eight (48) hours after being notified of being a potential Winner.
The Winner is not official and shall not be confirmed as the Winner until he/she has completed, signed and returned documentation required by Binance. Forms must be received within forty-eight (48) hours after notification of winning. If the Winner does not complete all forms necessary within the time given and/or in the event of non-compliance by the Winner, such Winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a Winner shall be terminated. All guests in attendance with a Winner must also execute all applicable documents prior to any participation or such guest(s) will not be permitted to participate.
Provided that the Winner is in compliance with the Terms and Conditions and after having successfully proven eligibility, the Winner will be officially confirmed as the Winner. Binance expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary.
8. Taxes: The Winner is solely responsible for reporting and paying any and all applicable taxes related to the Prizes (including income and withholding taxes) as required by their jurisdiction of residence; provided, however, Binance may withhold applicable any taxes as required by law. Winner may be subject to an onboarding verification process and is required to provide any requested tax reporting information before any Prizes are awarded, including name, date of birth, address, phone numbers and social security number or taxpayer identification number. The Winner should consult their accountant or tax professional to determine tax implications in accepting and using (including conducting transactions of) any Prize.
9. Liability Release and Indemnity: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY BINANCE OR ANY Challenge ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL BINANCE OR ANY Challenge ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE CHALLENGE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT BINANCE AND/OR ANY Challenge ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
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.
By entering the Challenge, Entrant agrees to indemnify, defend, and hold harmless, Binance and any other Challenge Entities from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Challenge, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Challenge or acceptance and use or the Prize, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Challenge, the Prize, or Binance’s advertising and marketing related to the Challenge, Entrants or the Winner, in all cases, including but not limited to: (a) unauthorized human intervention in the Challenge; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Challenge or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Challenge), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Challenge or receipt or use of any prize. Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Challenge, or the acceptance, receipt, or use of the Prize or any Prize component. Entrant further agrees that in any cause of action, Binance and/or the Challenge Entities’ liability will be limited to the value of the Prize, and in no event shall the Challenge Entities be liable for attorney’s fees.
Binance and the Challenge Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Challenge, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any website including binance.com, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Challenge. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Binance reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Challenge; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner, Binance and the Challenge Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Challenge; or (v) to be acting in violation of these Terms and Conditions. ANY VIOLATION OF THESE TERMS AND CONDITIONS BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CHALLENGE AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
11. Grant of Rights: Except where prohibited by law, by entering the Challenge and/or winning the Prize, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Entrant (if true) and any video footage related to the Prize, for all Challenge Entities’ advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation and additionally consents to the Challenge Entities putting his or her name on a winner’s list. Please note that Binance may not acknowledge or return any entries.
12. Risk reminder: Entrants understand the risks involved in digital assets (digital currencies, their derivatives or other types of digitalized assets with a certain value) trading, and are recommended to exercise prudence and trade responsibly within their own capabilities; Binance does not take responsibility for any trading behaviors resulting in direct or indirect losses.
13. General Terms: The Challenge Entities are not responsible if the Challenge cannot take place, or if the Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Challenge Entities. If, for any reason the Challenge is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Challenge Entities, which, in Binance’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge, Binance reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Challenge or any part of the Challenge. If the Challenge or any part of the Challenge is terminated or modified prior to the closing of the Challenge Period, notice will be posted on binance.com. Binance reserves the right to modify and amend these Terms and Conditions from time to time during the Challenge Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, BINANCE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms and Conditions 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. Binance’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that term or any other provision of these Terms and Conditions. Entrant agrees to waive any rights to claim ambiguity of these Terms and Conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Terms and Conditions or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Challenge-related materials, privacy policy or terms of use on a website and/or the terms and conditions of these Terms and Conditions, the Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Binance’s sole and absolute discretion.
14. Privacy: All information submitted via the Twitter platform is subject to Twitter’s Privacy Policy, accessible at twitter.com/privacy, and Twitter’s Terms of Service and Twitter Rules and Policies. All information submitted by Entrants and collected by Binance in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Binance’s website Terms accessible at: https://www.binance.com/en/terms and Binance’s Privacy Policy available at: https://www.binance.com/en/privacy. By participating in the Challenge, Entrant hereby agrees that Binance may collect and use his or her personal information submitted with the entry, and acknowledges that he or she has read and accepted the Binance User Privacy Policy. Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Binance and its products and/or services.
15. Binding Arbitration: Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CHALLENGE OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Challenge or any prize awarded shall be resolved by binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Rules of Arbitration of the SIAC (the “Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the Rules; (4) unless both Entrant and Binance agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Terms and Conditions and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
16. Governing Law: All local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Entrant and Binance in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the Republic of Singapore.
17. Accessibility of Terms and Conditions: A copy of the Terms and Conditions is available via www.binance.com. Where required by law, Binance will provide the name of Winner (s) of a Challenge to those who request it. For the name of a Winner: (i) send an email to your local affiliate manager with the title: Name of challenge - Winner List. All requests for the name of the Winner must be received within two (2) weeks of the end of the Challenge Period.
