SuperRare DAO Anniversary Discount Terms and Conditions
On August 17, 2022 (the “Event”) SuperRare™ Labs, Inc., a Delaware corporation, is offering to each verified holder of $RARE in their wallet (“Qualified Customers”) a promotional discount of twenty-five percent (25%) (the “Discount”) on some Online RARE Collection Items (“Qualifying Merchandise”) subject to certain restrictions on Exclusive Collaboration pieces. Your participation in this program and eligibility for a Discount is subject to these Terms and Conditions (“Terms”), the Data Privacy Notice below, and the SuperRare.com Terms of Service, which are incorporated herein by reference. By participating in the program, you hereby confirm that you understand and expressly agree to these Terms.
Qualifying Customers must have or create an account on SuperRare.com (requiring both an Ethereum wallet address and email address) and have $RARE in the wallets in order to qualify for the discount. Any dispute about qualifying customers or Merchandise will be resolved by SuperRare™ Labs in its sole and absolute discretion. Qualified Customers are eligible for a Discount only online and not in any physical store, gallery, or brick and mortar location.
Most RARE Collection items are included with the exception of “Artist Exclusive Collaboration” pieces. Disqualified merchandise include but are not limited to any pieces, products, merchandise or other goods in association with or produced by the artists “ACK” and “Izzako.” All merchandise is on a first come first serve basis. This Discount only applies to purchases made on or during Wednesday, August 17, 2022 starting at 00:00 and ending 23:59 GMT-4 (PST).
Discount Application & Use
The Discount will be applied automatically at checkout after a user has successfully connected their wallet and the presence of $RARE has been confirmed. Failure to verify $RARE will automatically disqualify a customer. If there is an error on the part of SuperRare™ you may contact support to provide proof manually. This Discount is purely discretionary and is a privilege thus the proof of $RARE does not guarantee access to the discount. It is merely a necessary precondition and not a dispositive right.
Customers will be disqualified from this program and not eligible to receive a Discount if SuperRare Labs has any reason to suspect a violation of any of the following program rules or any violation of SuperRare.com Terms of Service. Customers must not be a prohibited entity or residing in a prohibited territory (as further detailed below).
Data Privacy Notice
SuperRare™ Labs may create a promotional list (the “List”) of email addresses associated with Ethereum addresses for the sole purpose of qualifying, administering, promoting, and executing this Discount. If a user has social media handles associated with their accounts, SuperRare™ may include that in the List. The List shall be retained for as long as is reasonably necessary. By participating in the program, you authorize SuperRare Labs to publicly publish and tag your SuperRare™ username, profile picture or likeness, and social media handles for related announcements. SuperRare Labs may collect marketplace activity, IP addresses, and other metadata (the “Metadata”) to monitor or analyze the Discount results. None of the Metadata collected will be published, sold, or transferred to any third party without your explicit informed consent.If at any point you do not wish to participate or be associated with this promotion, you must email email@example.com prior to 11:59 PM on August 18, 2022, to have your information removed from the List, or submit a request anytime thereafter to have your data deleted as provided in the SuperRare Labs Privacy Policies. Any transactions involving the transfers of NFTs will be permanently published to the blockchain, and SuperRare Labs nor any entity can remove that information. Please review SuperRare Labs Privacy Policies for information about your data privacy rights on SuperRare.com.
The $RARE Token
The $RARE token in its current form represents a fractionalized governance tool for aspects of curatorial decision-making within the RareDAO Foundation. The functionality of privileges or rights associated with $RARE token ownership may be modified, optimized, rescinded, and are otherwise subject to change by the Foundation or a vote of the $RARE token holders. $RARE token holders are not entitled to profits and losses, no rights to distributions and dividends, and no rights to ownership of SuperRare Labs nor the Foundation. You agree that there are no rights, privileges, or benefits associated with $RARE token ownership other than what is provided in these Terms or as otherwise distributed by the Foundation. You acknowledge and agree that the $RARE tokens are being promised or made available to you solely to allow you to participate in the governance of the SuperRare Foundation and make certain purchases. Any tokens received as a Reward should not be sold, transferred, or converted into any value for any other purposes. By participating in the Discount, you hereby agree and acknowledge that (1) you are not doing so with the intent or expectation of profits from any appreciation in value or otherwise from the tokens, and (2) you are receiving the tokens with the sole intention of consuming them within the SuperRare™ Network. For purposes of these Terms, “SuperRare Network” means the open-sourced protocol and smart contracts built on the Ethereum blockchain that power the SuperRare™ marketplace and auction house, NFT minting and series contracts, the $RARE token creation, and ownership contracts, and other official smart contracts used by members of the SuperRare™ Network.
Prohibited Entities and Territories
You are expressly disqualified from participation in this program and any other type of activity on SuperRare.com or the SuperRare™ Network if you are located, incorporated, or otherwise established in, or a citizen or resident of any state, country, or other jurisdiction that is designated by the U.S. Secretary of State as a country supporting international terrorism, or to which U.S. nationals cannot lawfully engage in transactions as designated by the Office of Foreign Assets Control (“OFAC”), including Russia, Russian occupied regions of Ukraine, Cuba, Democratic People’s Republic of Korea, Iran and Syria, Venezuela or you are a person found on the OFAC Specially Designated Nationals, Blocked Persons List, or any other consolidated prohibited persons or sanctions list as determined by any applicable governmental authority.
Acknowledgments and Agreements
As a condition to claiming the Discount, you acknowledge, understand, and agree to the following:
You are solely responsible for reporting and paying any taxes in connection with your use of the $RARE tokens or purchases associated with the tokens;
You represent that you have the full right, title, and interest in your $RARE token allocation. To the extent that you do not, you agree to distribute the necessary $RARE tokens to every person or entity with a valid claim, right, or interest in your $RARE tokens.
Neither SuperRare Labs nor the SuperRare Foundation (the “Foundation”) have control over, or liability for, the delivery, quality, safety, legality, or any other aspect of the $RARE tokens. You assume all responsibility for the accuracy of the wallet address provided in connection with this promotion.
You may not use $RARE tokens to engage in any of the non-exhaustive categories of activity set forth below. By keeping $RARE tokens or otherwise using the SuperRare™ Network, you confirm that you will not:
Violate any applicable laws within your jurisdiction including, without limitation, any relevant and applicable anti-money laundering, and anti-terrorist financing laws and sanctions programs, such as, without limitation, the Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls;
Circumvent any security measures or access controls employed on the airdrop claim webpage, including, without limitation, through the use of a VPN;
Transmit, exchange, or otherwise involve $RARE tokens in association with any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
Disseminate, publish, or otherwise communicate any false, misleading, or purely speculative financial or investment-related information about the $RARE token;
Use or otherwise access SuperRare from a prohibited territory;
Encourage, induce, or assist any third party, or yourself attempt, to engage in any of the prohibited activities in these Terms.
Waiver of Warranties; Assumption of Risks
SuperRare™ Labs does not make any warranty whatsoever with respect to the Qualifying Merchandise or $RARE tokens, including any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party; whether arising by law, course of dealing, course of performance, usage of trade, or otherwise. Except as expressly set forth herein, you acknowledge that you have not relied upon any representation or warranty made by SuperRare™ Labs or any other person on their behalf. Without limiting the generality of the foregoing, you assume all risks and liabilities for the results obtained by the use of any tokens and regardless of any oral or written statements made by SuperRare™ Labs by way of technical advice or otherwise, related to the use of the tokens. You also acknowledge and agree that you have been advised $RARE is not to be treated as a security nor is your right to the Discount a benefit conferred in consideration for your acquisition of $RARE. Further, you accept all risks and liabilities associated with the purchase of the Qualifying Merchandise.
SuperRare™ Labs nor the Foundation shall be liable to you, and you agree that you will indemnify, defend and hold harmless SuperRare Labs, the Foundation, and the successors and assigns of the foregoing, from and against, all or any part of any third party causes of action, claims, liabilities, losses, costs, damages, and expenses (including, without limitation, attorneys’ fees and expenses) (collectively “claims”) for damages to or loss of property arising out of or resulting from this Discount or the Qualifying Merchandise, except to the extent such claims arise from the gross negligence (as interpreted under the laws of the state of Delaware) or intentional misconduct of SuperRare Labs or the Foundation.
Limitation of Liability
SuperRare™ Labs nor the Foundation shall be liable to you in any action or claim for incidental, special, consequential, indirect, punitive, exemplary, or statutory damages arising out of or related to the airdrop, whether the action in which recovery of damages is sought is based upon contract, tort, statute or otherwise even if such parties has been advised of such possibility of such damages. Except for liability arising from SuperRare™ Labs or the Foundation’s fraud or intentional misconduct, the SuperRare™ Labs or the Foundation’s aggregate liability for any claim of any kind, for any loss or damage arising out of, connected with, or resulting from the transaction herein shall in no case exceed the fair market of the Qualifying Merchandise transferred to you. Any action resulting from any claim arising under these Terms must be commenced within one (1) year after the cause of action has accrued.
Class Action Waiver
Any claim or dispute arising from your receipt, transfer, use, or disposition of the Qualifying Merchandise will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). This class action waiver precludes any party from participating in or being represented in any class or representative action regarding a claim. Notwithstanding anything to the contrary, the validity and effect of this Class Action Waiver may be determined only by a court or referee and not by an arbitrator, and you acknowledge that this Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from any additional terms of the transaction described herein.
The interpretation and enforcement of these Terms and any dispute related to these Terms will be governed by and construed and enforced under the laws of the Delaware without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in the Cayman Islands, and each party irrevocably consents to the personal jurisdiction and venue therein.