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THE APE-OPOLY PROMOTION 

TERMS AND CONDITIONS

  

1. Information on how to enter and the prizes form part of these Terms and Conditions.

 2. Participation in this promotion is deemed acceptance of these Terms and Conditions.

3.Entrants are excluded where prohibited or restricted by law  

4.The promoter is Imagination Gaming Inc 12100 Wilshire Blvd Suite 1540 Los Angeles California 90025 and Imagination Asia Pacific Pty Limited 54 Hyde Street, Adelaide South Australia 5000 (“Promoter”)

5. The Promotion is a random draw sweepstakes (the “Sweepstakes”) to award one (1) Sweepstakes prize, as described herein

 

DESCRIPTION OF THE PRIZE

 

6. The Prize is 1 x single NFT (Non-Fungible Token) from the Bored Ape Yacht Club collection.

7. The Bored Ape Yacht Club is a collection of 10,000 unique Bored Ape NFTs— unique digital collectibles living on the Ethereum blockchain. Your Bored Ape doubles as your Yacht Club membership card, and grants access to members-only benefits, the first of which is access to THE BATHROOM, a collaborative graffiti board. Future areas and perks can be unlocked by the community through roadmap activation.

8. Visitwww.BoredApeYachtClub.com for more details

9. ELIGIBILITY:  Entry is only open to all purchases of an Ape-Opoly game from a nominated retailer featured on the website: Ape-Opoly.com or any purchases made via the website: Ape-opoly.com, or retailers selling the game. This is open to residents from any country who can make an eligible purchase.

10. Each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

 

HOW IT WORKS

 

11. Promotion runs from June 21 2022 12:00:00 a.m. Central Daylight Time (“CDT”) through to Feb 14 2024 .at 11:59:59 CDT (“Promotion Period”).

12. Participation in the Promotion does not constitute participation in any other promotion, contest or sweepstakes.  By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Terms and Conditions and the decisions of Imagination Gaming Inc.

 

HOW TO ENTER:

13. To participate in this Promotion, you must first purchase a copy of

the Ape-opoly game during the promotional period from the website Ape-Opoly.com  or  retailers selling the game. In each game will be a uniquely coded golden ticket. Enter the unique code from the ticket at ape-opoly.com and complete the form to register for one entry into the sweepstakes draw.

14. To participate in the Promotion, participants must visit Ape-Opoly.com  (the “Website”) during the promotional period and upload a copy of a legitimate receipt to prove the purchase of the Ape-Opoly game, enter the required details and successfully submit their entry.

15. Terms and conditions will be available on this site and are subject to change at the discretion of the promoter and by regulatory direction.

16. Only one (1) entry is permitted per person per game purchase during the Promotional Period.

 

THE DRAW:

17. In line with clauses 21 and 29 the promoter has decided to extend the promotion to allow the value of the board ape to adjust back to a more realistic value.


The draw will take place on February 14, 2024, at 12:00 pm AEST at 8/8 Trawalla Avenue, Toorak, VIC Australia 3142, subject to any directions from a regulatory authority under supervision of an independent supervisor. The Winner and back up names in the case of the winner not being eligible, will be notified by email within two (2) business days of the draw and their names will be published on Ape-Opoly.com on Feb 16, 2024.

 

THE VALUE OF THE NFT

 

18. Because of the Volatility of the Crypto/NFT Market anywhere between $US25K and $75k or greater depending on market value is the estimated value. That is the extreme secondary sales market. Most of the expensive ones can be valued at up to circa $US3M. The Apes are like the stock market and change value based on popularity and market influence. 

19. Sponsor reserves the right, at any time in its sole discretion, to disqualify any participant who the Sponsor has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Sponsor's discretion. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights. The Sponsor's legal rights to recover damages or other compensation from such an offender are reserved.

20. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. NOTE: Participation must be by the participant and only as directed in these Terms and Conditions. Participation by any other individual or any entity, and/or originating at any website or other platform, including but not limited to commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. 

21. The Promoter’s and Sponsor’s decision is final, and no correspondence will be entered into. Entry to this promotion is prohibited in those areas where it is prohibited by regulatory authorities.

22. No prize substitution or redemption for cash due to unavailability of prize for any reason unless otherwise specified by Promoter except as may be required by applicable law. No prize transfer except with Promoter's permission which may be granted or withheld in its sole discretion without liability of any kind. All applicable taxes and unspecified expenses in conjunction with prize acceptance/use are prize winner’s sole responsibility.

23. If for any reason a winner does not take or redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.

 

GENERAL CONDITIONS:

 

24.Any potential winner may be required to (and any potential Grand Prize winner must) sign an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If winner fails or refuses to sign and return all Prize Claim Documents within seventy-two (72) hours of prize notification (or a shorter time if required by emergencies), winner may be disqualified, and the prize will be awarded to subsequent names drawn.

25. Acceptance of a prize constitutes prize winner’s permission for Promoter and Promoter and its designees to use prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. 

26. The Ape will be owned by the winner after 14thFebruary 2024. The promoter will discuss method of transferring ownership of the ape to the winner and determine the most suitable method and advise the winner. The promoter will either forfeit the holding wallet to the winner or transfer to ape to their wallet. The promoter’s decision on transfer method is final, and no correspondence will be entered into. The winner may be required to sign to confirm receipt and control of the asset, and confirm acceptance of the promoter’s perpetual licensing rights over the asset. Failure to do so will be considered forfeiture of their prize.

 

The promoter reserves the right to use the image and/or likeness of the Ape that is awarded as the prize in game products in perpetuity, without further compensation. The promoter reserves the right to use the image and/or likeness of this Ape for advertising and/or publicity purposes, and/or any other purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. 

27. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.

28. Without limiting the generality of the foregoing, Promoter is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The use of any device to automate the entry process is prohibited and will lead to disqualification. Any cost associated with accessing promotion websites is the entrant’s responsibility and is dependent on the Internet service provider used.  

29. The Promoter reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Promoter’s or Promoter’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event Promoter is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, Promoter shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Promoter will (if possible) select any remaining winner(s) in a random draw from all eligible, non-suspect participants as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.

30. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Promoter (including their respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

31. Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Promoter assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.

32. The Promoter collects personal information (“PI”) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out in its Privacy Policy, which can be viewed at https://ape-opoly.com/policies/privacy-policy.

 In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.

 

 

 

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