Hackatao Sweepstakes. Official Terms. No Purchase Necessary

The Hackatao Sweepstakes (“Sweepstakes”) is sponsored by Defiance ETFs, located at 200 S. Biscayne Blvd., #20th Floor, Miami, FL, 33131 (“Sponsor”). Sweepstakes is void where prohibited. By entering, each entrant accepts and agrees to be bound by these Official Terms (the “Official Terms”). Failure to comply with these rules and terms may result in disqualification.

HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Sweepstakes.

This promotion begins on December 2, 2021 and ends on January 2, 2021 (“Entry Period”). Entrants may enter this Sweepstakes by visiting nft.definanceetfs.com and completing the entry form provided (“Standard Entry”). Additional entries will be available through social media. In no event shall any Entrant be entitled to more than nineteen (19) entries in total. All entrants will be required to provide their complete name, and email address. Sponsor will keep all entrants’ personal information confidential unless disclosure is required by law. All entries submitted online will be considered made by the authorized account holder of the email address or social media account. Use of any automated entry software is prohibited.

SOCIAL MEDIA ENTRY: Entrants who have completed the entry form on nft.defianceetfs.com can receive additional entries. Upon submission of a Standard Entry, entrants will encounter a “thank you” page that provides links for additional entries. Each of the following actions, if conducted through the links accessible on the “thank you” page, will entitle Entrants to one (1) additional entry: (a) following Sponsor on LinkedIn, (b) following Sponsor on Twitter, (c) visiting Sponsor’s Facebook page, (d) visiting Sponsor’s Instagram page, (e) visiting Sponsor’s website, and (f) submitting Entrant’s phone number (each of a-f, a “One-Point Entry”). Sharing the Sweepstakes on each of the following social media platforms, if conducted through the links accessible on the “thank you” page, will entitle Entrants to three (3) additional entries: (i) Facebook, (ii) Twitter, (iii) LinkedIn, and (iv) Reddit (each of i-iv, a “Three-Point Entry”). Each specific One-Point Entry and Three-Point Entry method may not be repeated for additional entries. For clarity, these entry methods shall permit Entrant to have a total of nineteen (19) entries, consisting of (A) one entry from the Standard Entry, (B) up to six (6) entries from One-Point Entries, and (C) up to twelve (12) entries from Three-Point Entries.

ALTERNATE ENTRY METHOD: Entrants may also submit the form located at the end of these Official Terms for entries. Each submission of the form shall constitute one (1) entry, and Entrants may obtain a maximum of nineteen (19) entries regardless of method of entry. For clarity, a maximum of nineteen (19) entries will be permitted per Entrant, regardless of the method of entry.

All entries become the property of Sponsor, and Sponsor reserves the right to use any information submitted by entrants. Sponsor is not responsible for lost, late, illegible, misdirected or mutilated entries, including due to technical/network failures, human error, or any other error or malfunction.

Entrants agree not to upload, post or transmit any materials that contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any attempt to deliberately damage any web site or undermine the operation of the Sweepstakes is a violation of criminal and civil laws, and Sponsor reserves the right to seek damages from any person who makes such attempt(s). Entrants also agree not to provide or upload any content which is defamatory, threatening, distasteful, racist, unlawful or otherwise objectionable.

Entry materials that have been tampered with or altered are void. Any questions regarding the number of entries submitted by an individual or the authorized account holder of an e-mail address or social media account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.

ELIGIBILITY: This Sweepstakes is open only to legal residents of the United States, excluding residents of New York and Florida, who are at least the age of majority in their state of resident (which is eighteen (18) years of age in most states, but 19 in Nebraska and Alabama and 21 in Mississippi). Sweepstakes is void where prohibited or restricted by law. Sweepstakes is void in New York and Florida. Employees of Sponsor and their family members or persons living in the same households of such individuals are not eligible to participate in this Sweepstakes. By entering this Sweepstakes, participants agree to abide by all terms of these Official Terms and to be bound by the decisions of the Sponsor. All federal, state, and local laws apply. Winner will be required to sign and return to Sponsor within ten (10) days an affidavit of eligibility (except where prohibited) affirming their agreement to all terms, conditions, and restrictions in these Official Terms.

RANDOM SWEEPSTAKES DRAWING: Sponsor will conduct a random drawing on January 3, 2021. One winner (the “Winner”) will be selected by random drawing by Sponsor from all eligible entries received within the Entry Period. All entries received within the prescribed time will be part of the same random drawing as entries submitted online during that Entry Period. Odds of winning depend upon the number of eligible entries received. A purchase of Sponsor’s products will not increase the odds of winning. The Winner will be notified via e-mail or social media, depending on method of entry. The Winner must meet all eligibility requirements including the execution and delivery of all necessary releases. If any attempted notification is not successful within ten (10) days, the prize will be forfeited and Sponsor reserves the right to randomly select an alternate Winner from among the remaining eligible entries.

PRIZES:

ONE (1) PRIZE will be awarded. Prize is a Hackatao NFT, with an approximate retail value of $23,000 USD (the “Prize”). Entrants acknowledge that the prices of non-fungible token (“NFT”) assets are extremely volatile and subjective and that NFTs have no inherent or intrinsic value. The value of the Hackatao NFT, may be subject to significant price volatility. The Hackatao NFT has no inherent or intrinsic value. Sponsor cannot guarantee that the Hackatao NFT will hold or retain any value, as the value of NFTs is inherently subjective and factors occurring outside of Sponsor’s control may materially impact the value and desirability of the Hackatao NFT. Prizes may not be exchanged or redeemed for cash, sold, or traded. No prize transfer, assignment, or substitution by Winner is permitted. Sponsor reserves the right to substitute a prize, in which case a prize of equal or greater value will be awarded.

Winner will be solely responsible for any and all local, state, and federal taxes, as well as any license and registration or other fees incurred by participation in the Sweepstakes, including but not limited to transportation costs, gratuities and other items of an incidental nature. Entrants acknowledges that the Winner’s tax liability may depend on the valuation of the Hackatao NFT, which may be subject to significant price volatility as described above. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winner will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.

To receive the Prize, Winner shall need to have a digital wallet that supports Ethereum NFTs.

CONDITIONS AND RESTRICTIONS APPLY:

Winner must continue to comply with all terms and conditions of these Official Terms and winning is contingent upon fulfilling all requirements. Proof of U.S. residency, age, and identity are required to claim a prize. Winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a Winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. In the event that a Winner is determined to be ineligible or fails to respond to Sponsor within ten (10) days of notification, the Prize will be forfeited and Sponsor reserves the right to randomly select an alternate Winner from among the remaining eligible entries. Sponsor reserves the right to terminate the Sweepstakes without awarding the prizes if no eligible Winner or alternate Winner claims the prizes within the required time period.

Winner will be required to execute and return to Sponsor a liability release and affidavit of eligibility (except where prohibited) within ten (10) days of notice of winning. In the event that a Winner fails to execute and return a liability release and affidavit of eligibility (except where prohibited) within ten (10) days of notice of winning, their prize may be forfeited and Sponsor may randomly select an alternate Winner from among the remaining eligible entries.

Acceptance of Prize constitutes permission for the Sponsor to use Winner’s name and/or likeness for advertising and promotional purposes without additional compensation, unless prohibited by law. Names and e-mail addresses of Sweepstakes participants may be used for future marketing solicitations by Sponsor, unless the participant opts out of such marketing uses.

LIMITATION ON LIABILITY:

Sponsor will not be responsible for lost, late, damaged, defaced, incomplete, stolen, illegible, indiscernible, mutilated, illegally obtained, postage due or misdirected entries, or for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or announcement of the prize and/or all Sweepstakes-related materials. By entering this Sweepstakes, each entrant forever discharges, releases, and holds harmless Sponsor and each of its parent companies, subsidiaries, affiliates, and each of its directors, officers, employees, and agents from any and all liability, claims, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Sweepstakes, however caused.

SPONSOR’S RESERVATION OF RIGHTS:

These Official Terms are subject to modification by Sponsor. In the event of a dispute, all decisions made by Sponsor are final and binding. Sponsor reserves the right, in its sole discretion, to disqualify any person who tampers with or abuses the entry process, or who otherwise acts in violation of these Official Terms. Sponsor further reserves the right, in its sole discretion, to cancel, terminate, or modify this Sweepstakes if, for any reason, the Sweepstakes is not capable of completion as planned, including due to force majeure or non-authorized human intervention that compromises or affects the administration, fairness, integrity, or proper conduct of the Sweepstakes.

PRIVACY POLICY/DISCLOSURES OF INFORMATION:

Sponsor may collect and use personal information that entrants provide to enter the Sweepstakes to actually conduct the Sweepstakes and contact the potential Winner. Personal information includes any information that can be reasonably linked to a specific individual, including name, postal address, and telephone number. As noted above, Sponsor (including any successors or assigns) may use names and e-mail addresses of Sweepstakes participants for future marketing solicitations by Sponsor, unless the participant opts out of such marketing uses. Otherwise, no personal information that Sponsor collects in connection with the administration of the Sweepstakes will be sold or given to anyone who may contact entrants for any purpose not related to the Sweepstakes. Sponsor’s complete privacy policy can be located at: https://www.defianceetfs.com/privacy-policy/.

NFT OWNERSHIP ACKNOWLEDGEMENT:

Entrants understand and agree: (a) that Sponsor does not grant Winner any rights or licenses in the intellectual property rights in and to the certain graphical, audio, video and/or digital entertainment content associated with the Hackatao NFT (the “Content”), whether now or hereafter created; (b) that Sponsor does not grant Winner any right to reproduce, distribute, publicly display, publicly perform, create derivative works of, or otherwise commercialize any elements of the Content; and (c) that Winner will not apply for, register, or otherwise use or attempt to use any of Sponsor’s trademarks or service marks, or any confusingly similar marks, anywhere in the world without Sponsor’s prior written consent in each case, which consent Sponsor may withhold at its sole and absolute discretion.

For the avoidance of doubt, Winner specifically acknowledges and agrees that ownership of the Hackatao NFT does not grant Winner any right, title, or interest in or to the Content, and that Sponsor or its licensors may remove or terminate access to the Content at any time and for any reason (or no reason). Sponsor makes no representations or warranties about the intellectual property rights in the Content, including without limitation any representations or warranties that the Content does not infringe on any third party’s intellectual property rights, or that further NFTs will not be issued that are associated with the same or similar content as that Content. Sponsor is not responsible for, and not liable for, the failure or alleged failure to obtain, any rights clearances, licenses, authorizations or permissions for or related to, including any exploitation of, the Hackatao NFT or the Content.

WINNER(S) LIST:

PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL TERMS. For the name of Winner, please send a self-addressed, stamped envelope to “Hackatao Sweepstakes Winner’s List,” 200 S. Biscayne Blvd., #20th Floor, Miami, FL, 33131, by January 10, 2022.

Form for Additional Entries