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Terms of Service

Last updated: December 12, 2022

Please read these Terms of Service carefully before using Our Service.

Terms of Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named OP3N.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to: California, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to, collectively, OP3N LLC, 8445 Santa Monica Blvd. West Hollywood, CA 90069, its affiliate(s), successor(s), assign(s) and/or designee(s).
  • Content refers to content such as text, images, videos, artwork, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Application or the Website or both.
  • Terms of Service (also referred as “Terms”) mean these Terms of Service, together with our Privacy Policy and each other set(s) of Terms of Service, Official Rules and/or other term(s) and/or conditions set forth at https://support.op3n.world/terms, all of which are incorporated herein by reference and which, collectively, form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to, collectively, the OP3N website, accessible from op3n.world, and all subdomains and subpages with respect thereto.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not access the Service.

You represent that you are over the age of 18, or are over the age of 13 and have obtained the express consent from a parent or guardian to use the Service. The Company does not permit those under 13 to use the Service, with or without parental consent.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through and/or in connection with the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and/or in connection with the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@op3n.world and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at support@op3n.world. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms of Service and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Service

We reserve the right, in Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

  • By email: support@op3n.world
  • By mail: 8445 Santa Monica Blvd. West Hollywood, CA 90069

Digital Asset/NFT Sales Terms

These Terms of Service set forth the terms and conditions applicable to certain Digital Assets (as defined below) first issued and/or otherwise made available to the public by OP3N, LLC, its affiliate(s), successor(s), assign(s) and/or designee(s) (collectively, “OP3N”). By (i) participating in any sale of and/or acquiring any non-fungible blockchain-based digital asset or token (each, an “NFT”) through the service operated by OP3N, available at: https://op3n.world (the “Service”), or otherwise acquiring any such NFT from any previous holder of such NFT, and/or (ii) indicating your acceptance of these Terms on the Service, such acquirer and/or accepter, if and as applicable (“you”), agrees to be bound by these Terms of Service, along with any additional terms provided to you on the Service or otherwise in the process of making a purchase, as well as OP3N’s Privacy Policy, available at: https://support.op3n.world/terms (collectively, these “Terms”).

  1. Eligibility.
    1. You hereby represent and warrant that you have the full right, power, and authority to agree to, abide by and comply with these Terms, and to access the Service and purchase any NFT(s) as set forth herein. You further represent and warrant that you are of the legal age of majority in your applicable jurisdiction. You acknowledge and agree that you are solely responsible for ensuring compliance with any and all applicable laws and/or regulations in your local jurisdiction, and that OP3N shall not be liable to any extent for your compliance or failure to comply with any such laws and/or regulations.
    2. You further represent and warrant that all funds and/or assets (e.g., digital assets, such as that digital asset commonly known as “Ethereum,” “Ether” and/or “$ETH”) used by you in connection herewith (e.g., for payment of the Purchase Price (as defined below), etc.) have been lawfully obtained by you in compliance with all applicable laws and/or regulations. You acknowledge that OP3N may require you to provide additional information and/or documentation in order to ensure compliance with applicable laws and/or regulations (e.g., those related to anti-money laundering, etc.), and compliance with this Agreement, and agree that you will provide any such additional information and/or documentation upon request. You further acknowledge and agree that OP3N and/or its designee(s) may remove your access to the Service and your ability to purchase any NFT(s) at any time, for any reason, with or without notice to you.
  2. Sales, Prices and Taxes.
    1. Any order(s) placed on the Service for NFT(s) shall require immediate payment in full of the applicable purchase price (as set forth on the Service) (the “Purchase Price”) at the time of purchase, and shall be non-refundable. You hereby acknowledge and agree that, due to the nature of blockchain technology, once any transaction representing such order(s) has been broadcast to the Designated Blockchain (as defined below), such order cannot be cancelled or reversed for any reason.
    2. OP3N shall be permitted to change the Purchase Price for any NFT at any time prior to the applicable sale thereof, for any reason and without notice to you. You hereby authorize OP3N to charge you the applicable Purchase Price for any NFT that you purchase on the Service, as in effect at the time your purchase is confirmed. You further acknowledge and agree that, due to the nature of blockchain technology, the consensus rules of the Designated Blockchain may require the payment of an additional per-transaction fee, paid to the nodes or validators operating the Designated Blockchain (a “Gas Fee”).
    3. You will be solely responsible to pay any and all Gas Fee(s) associated with the blockchain-based transactions that you conduct in connection with the sale and/or acquisition of any NFT(s), as well as all taxes, fees, duties and governmental assessments that are imposed or become due in connection with your use of the Service (including, without limitation, any transactions involving your ownership or transfer of any NFT(s)). Except for income taxes directly levied on OP3N, you (i) will pay or reimburse OP3N for all taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from any payment(s) made to OP3N pursuant to these Terms.
    4. You also acknowledge that in some jurisdictions (e.g. Brazil) you, as the hirer and acquirer of the Service and NFT(s), are solely responsible and liable by law for paying any applicable sales, services, use, duty, income, customs or other governmental taxes, levies, fees, social contributions and any other similar levies (“Taxes”) that may be due with respect to your purchase of the Service and NFT(s). Therefore, if you are located, resident or domiciled in any such jurisdictions, you hereby agree to bear the cost of any such Taxes that may be due in those jurisdictions, so that, in any case, any payment(s) made to OP3N shall be deemed as net from any such Taxes. When in doubt, you should consult a tax expert in your jurisdiction to determine your tax liability in connection with your purchases.
  3. Delivery. In order to purchase and receive any NFT(s) through the Service, you may be required to connect your digital-asset wallet to the Service. You hereby grant OP3N permission to access and/or interact with such wallet to the extent necessary to deliver such NFT(s) to you. Following the purchase of any NFT(s) pursuant hereto, OP3N will deliver such NFT(s) to such wallet. If OP3N is unable to deliver such NFT(s) to such wallet for any reason (e.g., a failure to broadcast the transaction representing the order of such NFT(s) to the Designated Blockchain), your purchase may be voided. You acknowledge and agree that OP3N shall not bear any responsibility for any NFT(s) misdelivered as a result of incorrect information provided by you, and that you shall bear sole responsibility for ensuring that your digital-asset wallet is accurately and properly connected to the Service. Any and all risk and title in and to any NFT(s) shall be deemed to transfer to you upon the successful broadcast of the applicable transaction representing the order of such NFT(s) to the Designated Blockchain.
  4. Digital Assets. As used herein, a “Digital Asset” means a given NFT, together with those certain license rights specifically granted pursuant to these Terms with respect to any digital “bundle of value” (which may include, but not be limited to, access to content, opportunities and/or experiences) directly associated with such NFT (with respect to a given NFT, such “bundle of value” is referred to as “Associated Value”). Associated Value is separate from the NFT associated therewith, and the rights, title and interests therein shall be licensed to you solely as set forth in Section 5 below. For the avoidance of doubt, in no event shall any such rights, title and/or interests be deemed to have been sold or otherwise transferred to you (whether as a result of the sale of the associated NFT by OP3N through the Service, or otherwise).
  5. Grant of Rights. Subject to and fully conditioned upon your continued compliance with these Terms, and solely for so long as you own an NFT associated with Associated Value, OP3N grants to you a limited, personal, non-exclusive, non-sublicensable, worldwide license with respect to the Associated Value directly and identifiably associated with, applicable and specific to such NFT solely for non-commercial, personal use, subject to the terms and conditions set forth herein.

Notwithstanding anything to the contrary and for the avoidance of doubt, the foregoing shall not permit the use of, and you will not, and you will not authorize, permit or assist any third party to, directly or indirectly use, any Associated Value in connection with any of the following:

  1. any physical or digital product or service that is promoted, marketed, offered, sold or provided by, on behalf of or in connection with any person or legal entity that manufactures, markets, promotes, sells, distributes, or offers for sale or distribution any product or service that competes with any product or service of OP3N or any affiliate of OP3N;
  2. any audiovisual media (e.g., videos, television shows, feature films, so-called “web series,” etc.);
  3. any physical or digital firearm or weapon;
  4. any physical or digital tobacco product, pharmaceutical product or regulated drug, or product, substance or material containing any tobacco product or regulated drug (excluding alcohol);
  5. any counterfeit physical or digital product;
  6. any illegal product or service or any other use in violation of applicable law;
  7. any product, service, content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate, as determined by OP3N in its sole discretion; and/or
  8. any NFT or Digital Asset that would use or incorporate any Associated Value.
  9. Ownership and Limitations. OP3N retains all right, title and interest in the Associated Value and all copyrights and/or other intellectual property rights therein. Except as specifically set forth in Section 5 above, you do not have and will not have any right, title or interest in or to any Associated Value and you shall not be deemed to be granted any rights, whether express or implied, with respect to any Associated Value or any derivative works thereof.

Without limiting the foregoing, in addition to any limitations set forth elsewhere in these Terms, the licenses granted herein do not grant you the right to, and you will not, and you will not authorize, permit or assist any third party to: (a) create, sell or attempt to create or sell fractionalized interests in any NFT and/or any Associated Value and/or Digital Asset associated therewith; (c) separate, unlink or decouple any Associated Value from the NFT(s) and/or Digital Asset(s) with which it is associated; (d) use any Associated Value to create, sell or attempt to create or sell any new cryptographic token (e.g., any NFT(s)); (e) reverse-engineer, decompile or otherwise attempt to discover the source code for any NFT or Associated Value; and/or (f) use any Associated Value and/or exercise any license rights in any manner not expressly authorized herein.

For avoidance of doubt, you have no right to, and you will not, and you will not authorize, permit or assist any third party to, use any name, trademark, logo, branding or other intellectual property of OP3N or any affiliate, commercial partner or licensor of OP3N for any purpose not specifically set forth herein, or otherwise do or say anything to indicate or imply that OP3N or any of its affiliates sponsors, promotes or endorses any product, service or media or provides any representations or warranties with respect to any product, service or media.

For the avoidance of doubt, if at any time you transfer an NFT to a third party, any rights granted to you hereunder with respect to the Associated Value and/or Digital Asset associated therewith shall immediately terminate (without the requirement of notice) with no outstanding or ongoing obligation or liability to you.

  1. Blockchain Forks.
    1. You acknowledge and agree that each NFT sold through the Service shall be created and subsequently held on a designated digital blockchain ledger and network that is recognized by the nodes or validators of such network as canonical as of the time of such sale (the “Designated Blockchain”); provided that, for the avoidance of doubt, the Designated Blockchain does not refer to any Persistent Forks (as defined below), any digital blockchain ledgers which are not operating in a production environment or blockchains which are referred to as a “testnet”. As used herein, a “Persistent Fork” means a digital blockchain ledger and network generally recognized in the blockchain industry as the mainnet and consensus blockchain of a persistent “contentious hardfork” from the Designated Blockchain, which such hardfork has or would reasonably be expected to have material value independent from the Designated Blockchain.
    2. In the event of a Persistent Fork that creates a copy(ies) of any Digital Asset(s) at the same addresses at which they were then held on the Designated Blockchain, the scope of the term “you” under these Terms, and all licenses granted to and other rights of you under these Terms, shall be deemed expanded to include each person who lawfully holds exclusive title to and ownership of the copy(ies) of the applicable NFT(s) that are included on the Persistent Fork. You hereby acknowledge and agree that, as a result of the preceding sentence, in the event of a Persistent Fork, the aggregate number of the Digital Assets may be increased and/or unlimited minting of such Digital Assets may be permitted, which could have an adverse effect on the value of each Digital Asset and/or the aggregate value of the total Digital Assets.
  2. Assumption of Risk. You acknowledge that any and all Digital Asset(s), NFT(s) and/or Associated Value is/are made available solely for entertainment purposes and not as an investment instrument of any kind. Accordingly, you acknowledge and agree that you assume the following risks:
    1. to the extent there is a secondary market and/or price for any NFT, such markets and/or prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own, such NFT, and as such there is no guarantee that such NFT will have or retain any value;
    2. risks associated with digital assets (e.g., NFTs) including, but not limited to, (i) hardware, software and/or Internet failures, (ii) the loss of access to NFT(s) due to, e.g., loss of so-called “private key(s)” or third-party custodial error, (iii) malicious software introduction (e.g., hacking or cyber-attacks), and/or (iv) that third parties may obtain unauthorized access to information stored within your so-called “digital wallet” or elsewhere (e.g., fraud);
    3. upgrades, so-called “hard forks,” failures, cessations or other changes to the blockchain(s) underlying the NFTs that may affect your access to and/or use of any Digital Asset;
    4. risks associated with third-party software providers, marketplaces and/or other actors that may be associated with any Digital Asset(s), including with respect to the continued availability of such third party(ies) and/or the protection and/or storage of any digital assets or other data that you may provide to such third party(ies);
    5. the risk of changes to the regulatory and/or policy regime(s) governing blockchain technologies (e.g., NFTs) which may adversely affect your access to and/or use of any Digital Asset;
    6. risks associated with transaction(s) between you and any third party(ies) (e.g., your transfer of an NFT to any such third party).

In addition to assuming all of the above risks, you acknowledge that you have obtained sufficient information to make informed decision(s) with respect to any Digital Asset(s) or NFTs (including, without limitation, the acquisition thereof and/or your entering into these Terms) and that you understand and agree that you are solely responsible for determining the nature, suitability and appropriateness of these risks for yourself.

  1. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless OP3N and its commercial partners and licensors, and each of their respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “OP3N Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever (including, without limitation, attorneys’ fees and other legal expenses), whether known or unknown, that are caused by, arise out of or are related to (a) your ownership, use or misuse of any Digital Asset, NFT and/or Associated Value; (b) your breach or violation of these Terms; and/or (c) your breach or violation of any right(s) of any third party (collectively, “Claims”). You agree to promptly notify OP3N of any Claim(s) and shall cooperate fully with the OP3N Parties in defending such Claims. You further agree that the OP3N Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT(S) BETWEEN YOU AND OP3N.
  2. Limitation of Liability.
    1. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY OP3N, THE DIGITAL ASSETS AND ANY NFT(S) AND/OR ASSOCIATED VALUE ASSOCIATED THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. OP3N (AND ITS AFFILIATE(S), LICENSOR(S) AND/OR OTHER BUSINESS ASSOCIATE(S)) MAKE NO WARRANTY THAT THE FOREGOING: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. OP3N DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE DIGITAL ASSETS AND ANY NFT(S) AND/OR ASSOCIATED VALUE ASSOCIATED THEREWITH. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD OP3N RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OP3N’S GROSS NEGLIGENCE.
    2. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OP3N OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF DIGITAL ASSETS (E.G., NFTS), LOSS OF SO-CALLED “PRIVATE KEY(S)”, LOSS OF SO-CALLED “SEED PHRASE(S)”, LOSS OF ACCESS TO ANY SO-CALLED “DIGITAL WALLET(S)”, OR ANY OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO ACCESS OR USE, ANY DIGITAL ASSET(S), NFT(S) AND/OR ASSOCIATED VALUE, INCLUDING BUT NOT LIMITED TO ANY CONTENT ON THE SERVICE OR ANY OTHER WEBSITES AND/OR MOBILE APPLICATIONS AND/OR ANY ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES AND MOBILE APPLICATIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
    3. IN NO EVENT WILL OP3N’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DIGITAL ASSET(S), NFT(S) AND/OR ASSOCIATED VALUE, AND/OR THE ACCESS TO AND/OR USE THEREOF, EXCEED $100.
    4. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE DEEMED PERMANENTLY WAIVED AND BARRED.
    5. THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
  3. Governing Law. These Terms will be construed in accordance with the laws of the state of California as applied to contracts made and performed entirely therein, and without regard to conflicts of laws principles to the contrary. Except as otherwise set forth in Section 12 below, any disputes relating to these Terms will be brought solely in the state or federal courts located in Los Angeles County, California and you hereby consent to the exclusive jurisdiction of such state and federal courts and waive any defense of forum non conveniens. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS. You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no dispute you commence hereunder may be joined with or include any claims by any other persons.
  4. Remedies. In addition to any other rights and remedies to which OP3N may be entitled under contract, at law or in equity, in the event that you breach these Terms at any time, your right to copy, display, perform and/or distribute the Associated Value and any and all other license rights that you may have under these Terms will immediately terminate without any requirement of notice and with no outstanding or ongoing obligation or liability to you. Upon any termination of your license rights hereunder, you will immediately cease all use of any Associated Value. OP3N may disable digital-wallet and/or similar functionality(ies) with respect to the affected Associated Value, prohibit any platform or service from retrieving or rendering any such Associated Value in connection with the services they provide and/or take any other steps to prevent unauthorized use of any Associated Value. OP3N will have no obligation or liability to you for any such actions and you will not interfere with, or seek to prevent, any such actions.

Miscellaneous. These Terms do not, and may not be construed to, create any partnership, joint venture or agency relationship between you and OP3N. For the avoidance of doubt, you acknowledge and agree that in no event shall OP3N be deemed hereunder to be party to any agreement or arrangement by and between you and any seller, holder, purchaser and/or acquirer of any NFT that is not OP3N. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. If OP3N fails to insist that you perform any of your obligations under these Terms, or if OP3N does not enforce its rights against you, or if it delays in doing so, that will not mean that OP3N has waived its rights against you and will not mean that you do not have to comply with those obligations.  If OP3N does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with OP3N’s prior written consent, unless otherwise specifically set forth herein. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

OP3N Giveaway and Sweepstakes Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

EACH GIVEAWAY AND SWEEPSTAKES IS AVAILABLE FOR ENTRY ONLY IN JURISDICTIONS WHERE PARTICIPATION COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.  ENTRY BY USERS IN OTHER JURISDICTIONS IS PROHIBITED.  THIS GIVEAWAY/SWEEPSTAKES IS IN NO WAY ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH ANY THIRD-PARTY COMMUNICATION PLATFORM OR SOCIAL MEDIA NETWORK.

  1. ELIGIBILITY. Each OP3N Giveaway and Sweepstakes (a “Sweepstakes”) is open to entrants who are legal residents of the jurisdiction in which they reside and are at least thirteen (13) years of age or older in the United States (and, in the event that such entrant is under eighteen (18) years of age, a parent or guardian has provided express consent for such entrant to participate in any such Sweepstakes), or of the minimum age required for participation (as applicable) for residents of other jurisdictions (with or without parental consent, as applicable); provided, that this Sweepstake shall not be open to residents of any of the following excluded jurisdictions: Democratic People’s Republic of Korea, People’s Republic of China, Cuba, Sudan, Crimea, Belarus, Botswana, Burundi, Cambodia, Central African Republic, The Democratic Republic of the Congo, Côte d’Ivoire, Ethiopia, Ghana, Islamic Republic of Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, Pakistan, Panama, Russia, Somalia, South Sudan, Sri Lanka, Syrian Arab Republic, Bolivarian Republic of Venezuela, Yemen, Zimbabwe and any other any country or account on the Consolidated Sanctions List maintained by the US Department of Treasury, or any other geographic area that is subject to UN-, US-, EU- or any other sovereign country sanctions or embargoes. Persons under thirteen (13) years of age are not permitted to enter any Sweepstakes, even if they have parental consent. Employees, officers, directors, agents, and representatives of OP3N, LLC, its affiliate(s), successor(s), assign(s) and/or designee(s) (collectively, “Sponsor”), and each of its parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, anyone else connected with the production and distribution of any Sweepstakes and their immediate families (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. Sweepstakes is/are void where prohibited by law. By participating, each entrant agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to each Sweepstakes.
  2. TO ENTER. The relevant instructions and rules to enter each relevant Sweepstakes (“Entry”) will be designated on the home page or promotional page for the applicable Sweepstakes (the “Instructions Page”) and the relevant period for that applicable Sweepstakes (“Sweepstakes Period”) will be designated on the Instruction Page.

Terms of Service of relevant third-party communication platform or social media network will apply, as applicable, and each Entry shall be subject thereto.

LIMIT: One (1) Entry per person per Sweepstakes, unless otherwise expressly permissible in the applicable Instructions Page.

  1. PRIZE DETAILS AND RELATED TERMS. The applicable Instructions Page will designate the number of Sweepstakes winners and the relevant prize or prizes related thereto (as well as the mode and timing of the delivery of such prize or prizes). ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE APPLICABLE SWEEPSTAKES PERIOD.
  2. AWARDING OF PRIZES. On or about the designated date following the end of a given Sweepstakes Period (the “Selection Date”), Sponsor will select the relevant winner or winners at random from among all eligible Entries during such Sweepstakes Period. The Sponsor’s decisions will be final in all matters relating to each Sweepstakes. The Sponsor will notify the winner by direct message via the relevant third-party communication platform or social media network (as designated on the Instructions Page) on or about the Selection Date and such winner or winners will be required to provide all requisite information to Sponsor within the time frame designated by Sponsor in such direct message. If a potential winner is found not to be eligible or in compliance with these Official Rules, or if such Prize notification or any Prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the Prize to an alternate winner. Except where prohibited, acceptance of a Prize constitutes entrant’s consent to use of the entrant’s name and Entry post for advertising, promotional and publicity purposes by Sponsor and on a publicly available winner’s list. By accepting a Prize, winner acknowledges compliance with these Official Rules. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of any entrant. Prizes won by an eligible entrant who is a minor in their jurisdiction of residence will be awarded to minor’s parent or legal guardian.

Prize is non-transferable.  No cash redemption or Prize substitution allowed by winner, except at the sole discretion of the Sponsor.  Value of the Prize awarded may be reported for tax purposes where required by law.  Sponsor reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor.  Prize is subject to terms and conditions set by issuer.

  1. USE OF DATA. Personally identifiable information that is submitted by entrant as part of a Sweepstakes will be used to administer such Sweepstakes, select & announce the winner, and fulfill the Prize, and will be treated in accordance with Sponsor’s privacy policy, accessible on its website at www.support.op3n.world/terms. Each winner also agrees that winner’s name may be included on a publicly available winner’s list.
  2. TAXES. Any valuation of the Prize stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to winner as income. All federal, state and local taxes and any other taxes, costs and expenses associated with the acceptance and/or use of Prize not specifically provided for in these Official Rules are solely winner’s responsibility. Each winner is solely responsible for reporting and paying any and all applicable taxes.
  3. OTHER CONDITIONS. These Official Rules are final and binding in all respects and are subject to all federal, state and local laws and regulations. Sponsor reserves the right, at its sole discretion, to cancel, modify or suspend any Sweepstakes or any portion thereof, or to disqualify any entrant implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrant and/or any fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of a Sweepstakes, (b) a Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of Entries, or (c) a Sweepstakes is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prize(s) to an entrant to be selected in random drawings from among the remaining uncorrupted eligible entrants. By entering, entrant agrees (or their parent or legal guardian if entrant is an eligible minor) to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, business or content partners, wholesalers and retailers, suppliers and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions, and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into any Sweepstakes or acceptance or use of any Prize or participation in any Sweepstakes-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate Entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in any Sweepstakes, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Entries and/or Entry information, or (vi) Entries which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify Entries made in such fashion. Any entrant who attempts to tamper with a Sweepstakes in any way shall be disqualified. In the event of dispute as to who submitted an online enrollment, the Entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to a social media account by an Internet access provider, on-line service provider or other organization responsible for assigning social media accounts for the domain, application or platform associated with the social media account in question. Additional restrictions may apply. Each Sweepstakes is in no way sponsored, endorsed, administered by or associated with any brand, business or content partner, supplier, manufacturer, retailer, or other entity associated with any Entry or Prize.
  4. LIMITATION OF LIABILITY AND RELEASE: By entering a Sweepstakes, each entrant agrees (and agrees to confirm in writing): (a) to waive any and all claims against Released Parties, with regard to losses or injuries of any kind resulting or relating to participation in any Sweepstakes, acceptance/possession/use and/or misuse of the Prize, printing, mailing or distribution errors, or tampered, garbled, incomplete, lost, stolen or late illegible Entries; (b) to indemnify, release and hold harmless Released Parties from any and all liability, for any damages, injuries, or losses of any kind to person(s), including death, or injury to person or property, arising directly or indirectly from the acceptance, possession, misuse or use of a Prize or his/her participation in any Sweepstakes or any Sweepstakes-related activity; and (c) to indemnify, release, and hold harmless Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorney’s fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach of any of entrant’s representations, warranties or obligations herein. Each entrant hereby acknowledges that the Released Parties 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 any of the Prizes (or any components thereof).
  5. DISPUTES; CHOICE OF LAW. Except where prohibited, each entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by California law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to a Sweepstakes or any Prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state or federal courts situated Los Angeles County, California, and each entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (iv) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
  6. WINNER(S)’ LIST. If a winners’ list is not published for a specific Sweepstakes, then for a list of the winner or winners (available after the Selection Date), send an email to: Attn: support@op3n.world.
  7. SPONSOR. OP3N, LLC, 8445 Santa Monica Blvd, West Hollywood CA 90069-4491.

Each Sweepstakes and all accompanying materials are copyright © 2022 OP3N, LLC

OP3N Judged Challenge or Contest Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

EACH JUDGED CHALLENGE OR CONTEST IS AVAILABLE FOR ENTRY ONLY IN JURISDICTIONS WHERE PARTICIPATION COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.  ENTRY BY USERS IN OTHER JURISDICTIONS IS PROHIBITED.  THIS CHALLENGE OR CONTEST IS IN NO WAY ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH ANY THIRD-PARTY COMMUNICATIONS OR SOCIAL MEDIA PLATFORM.

  1. ELIGIBILITY. Each OP3N judged Challenge or Contest (a “Contest”) is open to entrants who are legal residents of the jurisdiction in which they reside and are at least thirteen (13) years of age or older in the United States (and, in the event that such entrant is under eighteen (18) years of age, a parent or guardian has provided express consent for such entrant to participate in any such Sweepstakes), or of the minimum age required for participation (as applicable) for residents of other jurisdictions (with or without parental consent, as applicable); provided, that this Contest shall not be open to residents of any of the following excluded jurisdictions: Democratic People’s Republic of Korea, People’s Republic of China, Cuba, Sudan, Crimea, Belarus, Botswana, Burundi, Cambodia, Central African Republic, The Democratic Republic of the Congo, Côte d’Ivoire, Ethiopia, Ghana, Islamic Republic of Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, Pakistan, Panama, Russia, Somalia, South Sudan, Sri Lanka, Syrian Arab Republic, Bolivarian Republic of Venezuela, Yemen, Zimbabwe and any other any country or account on the Consolidated Sanctions List maintained by the US Department of Treasury, or any other geographic area that is subject to UN-, US-, EU- or any other sovereign country sanctions or embargoes. Persons under thirteen (13) years of age are not permitted to enter any Sweepstakes, even if they have parental consent. Employees, officers, directors, agents, and representatives of OP3N, LLC, its affiliate(s), successor(s), assign(s) and/or designee(s) (collectively, “Sponsor”), and each of its parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, anyone else connected with the production and distribution of any Contest and their immediate families (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. Contest is/are void where prohibited by law. By participating, each entrant agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to each Contest.
  2. TO ENTER. The relevant instructions and rules to enter each relevant Contest (“Entry”) will be designated on the home page or promotional page for the applicable Contest (the “Instructions Page”) and the relevant period for that applicable Contest (“Contest Period”) will be designated on the Instruction Page:

Terms of Service of relevant third-party communication platform or social media network will apply, as applicable, and each Entry shall be subject thereto.

LIMIT: One (1) Entry per person per Contest, unless otherwise expressly permissible in the applicable Instructions Page.

  1. The applicable Instructions Page will designate the number of Contest winners and the relevant prize or prizes related thereto (as well as the mode and timing of the delivery of such prize or prizes).

An entrant’s Entry shall be deemed to include the material(s) submitted pursuant to the instructions set forth on the applicable Instructions Page and all other information submitted in connection with such entrant’s entry into the Contest.  By submitting an Entry, each entrant agrees that such Entry may be accessible by the public and included in the Sponsor’s and any Sponsor partner marketing and/or promotional materials.  The Sponsor reserves the right to eliminate any Entry that is or may be violating any third-party rights, in the Sponsor’s sole discretion.

By submitting an Entry into any Contest, Each entrant hereby warrants and represents that the entire Entry meets the following entry requirements (the “Entry Requirements”):

  1. The Submission must follow the criteria designated on the Instructions Page;
  2. Entrants may not work with other individuals on their Entry. No other individuals may be involved in the creation of an Entry other than the applicable entrant and no other individual other than suh entrant will be eligible for any Prize and the Sponsor shall have no obligation in connection therewith;
  3. Such Entry does not contain copyrighted materials owned by others, whether used with or without the owner’s permission; and
  4. Such Entry does not amount to any violation of any law or regulation.

Compliance with the foregoing requirements shall be determined by the Sponsor in its sole discretion.  The Sponsor may, in its sole discretion, remove and/or disqualify any Entry that is deemed to be inappropriate or otherwise non-compliant with these Official Rules.  The Sponsor reserves the right to require an attestation from each entrant that the above Entry Requirements have been met with respect to their applicable Entry.

LIMIT: One (1) Entry per person per Contest, unless otherwise expressly designated in the Instructions Page.  Those who do not fully follow all of the intructions set forth as designated in the Instructions Page will be disqualified.

  1. PRIZE DETAILS AND RELATED TERMS. The applicable Instructions Page will designate the number of Contest winner(s) and the relevant prize or prizes related thereto (as well as the mode and timing of the delivery of such prize or prizes).
  2. AWARDING OF PRIZES. The Sponsor will begin judging Entries with respet to a given Contest based on the Judging Criteria set forth on the applicable Instructions Page. All Entries will be reviewed by a judging panel appointed by the Sponsor to make certain the content falls within the parameters under the Entry Requirements, and such judging panel will determine the applicable Contest winner or winners in accordance with (but not limited to) the applicable judging criteria that is identified on the Instructions Page or related pages (collectively, the “Judging Criteria”). On or about the designated date following the end of a given Contest Period (the “Selection Date”), Sponsor will select the relevant winner or winners from among all eligible Entries during such Contest Period. The Sponsor’s decisions will be final in all matters relating to each Contest. The Sponsor will notify the winner by direct message via the relevant third-party communication platform or social media network (as designated on the Instructions Page) on or about the Selection Date and such winner or winners will be required to provide all requisite information to Sponsor within the time frame designated by Sponsor in such direct message. If a potential winner is found not to be eligible or in compliance with these Official Rules, or if such Prize notification or any Prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the Prize to an alternate winner. Except where prohibited, acceptance of a Prize constitutes entrant’s consent to use of the entrant’s name and Entry post for advertising, promotional and publicity purposes by Sponsor and on a publicly available winner’s list. By accepting a Prize, winner acknowledges compliance with these Official Rules. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of any entrant. Prizes won by an eligible entrant who is a minor in their jurisdiction of residence will be awarded to minor’s parent or legal guardian. Prize is non-transferable. No cash redemption or Prize substitution allowed by winner, except at the sole discretion of the Sponsor. Value of the Prize awarded may be reported for tax purposes where required by law. Sponsor reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Prize is subject to terms and conditions set by issuer.
  3. USE OF DATA & ENTRY. Personally identifiable information that is submitted by entrant as part of a Contest will be used to administer such Contest, select & announce the winner, and fulfill the Prize, and will be treated in accordance with Sponsor’s privacy policy, accessible on its website at www.support.op3n.world/terms. Each winner also agrees that winner’s name may be included on a publicly available winner’s list. Additionally, if permissible by law under the relevant jurisdiction, the Sponsor may use, display, distribute, reproduce, host, modify, perform, or otherwise transmit the Entry in its reasonable discretion and without attribution in any matter now known, or hereafter devised, and without attribution or compensation of any kind.
  4. TAXES. Any valuation of the Prize stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to winner as income. All federal, state and local taxes and any other taxes, costs and expenses associated with the acceptance and/or use of Prize not specifically provided for in these Official Rules are solely winner’s responsibility. Each winner is solely responsible for reporting and paying any and all applicable taxes.
  5. OTHER CONDITIONS. These Official Rules are final and binding in all respects and are subject to all federal, state and local laws and regulations. Sponsor reserves the right, at its sole discretion, to cancel, modify or suspend any Contest or any portion hereof, or to disqualify any entrant implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrant and/or any fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of a Contest, (b) a Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of Entries, or (c) a Contest is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prize(s) to an entrant to be selected in random drawings from among the remaining uncorrupted eligible entrants. By entering, entrant agrees (or their parent or legal guardian if entrant is an eligible minor) to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, business and content partners, wholesalers and retailers, suppliers and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions, and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into any Contest or acceptance or use of any Prize or participation in any Contest-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate Entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in any Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Entries and/or Entry information, or (vi) Entries which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify Entries made in such fashion. Any entrant who attempts to tamper with a Contest in any way shall be disqualified. In the event of dispute as to who submitted an online enrollment, the Entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to a social media account by an Internet access provider, on-line service provider or other organization responsible for assigning social media accounts for the domain, application or platform associated with the social media account in question. Additional restrictions may apply. Each Contest is in no way sponsored, endorsed, administered by or associated with any brand, supplier, manufacturer, retailer, or other entity associated with any Entry or Prize.
  6. ENTRANT’S REPRESENTATIONS AND WARRANTIES; ASSIGNMENT OF RIGHTS: Each entrant represents and warrants that: (i) such entrant is in compliance with these Official Rules (including, but not limited to, relevant minimum age requirements for each relevant jurisdiction); (ii) their entry does not infringe upon the copyrights, trademarks, or other intellectual property or other rights of any person or entity; and (iii) the permissible use of such Entry will not infringe the rights of any third party. EACH ENTRANT AGREES TO INDEMNIFY AND HOLD HARMLESS (I.E., EACH ENTRANT WILL BE FULLY LIABLE, INDIVIDUALLY, TO PAY ANY AND ALL DAMAGES), THE SPONSOR AND ITS RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND/OR OTHER AGENTS, BUSINESS AND CONTENT PARTNERS AND REPRESENTATIVES FROM ANY FEES, ROYALTIES, COSTS AND EXPENSES ARISING OUT OF ANY THIRD PARTY CLAIMS, LAWSUITS, COMPLAINTS, ACTIONS, CAUSES OF ACTION, DAMAGES AND/OR LIABIILITIES (“CLAIMS”) TO THE CONTRARY AND ANY CLAIMS ARISING OUT OF OR RELATED TO SUCH ENTRANT’S SUBMISSION OR PARTICIPATION IN THE CONTEST OR THE SPONSOR’S EXERCISE OF THE RIGHTS GRANTED AND CONTEMPLATED THEREIN.
  7. LIMITATION OF LIABILITY AND RELEASE: By entering a Contest, each entrant agrees (and agrees to confirm in writing): (a) to waive any and all claims against Released Parties, with regard to losses or injuries of any kind resulting or relating to participation in any Contest, acceptance/possession/use and/or misuse of the Prize, printing, mailing or distribution errors, or tampered, garbled, incomplete, lost, stolen or late illegible Entries; (b) to indemnify, release and hold harmless Released Parties from any and all liability, for any damages, injuries, or losses of any kind to person(s), including death, or injury to person or property, arising directly or indirectly from the acceptance, possession, misuse or use of a Prize or his/her participation in any Contest or any Contest-related activity; and (c) to indemnify, release, and hold harmless Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorney’s fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach of any of entrant’s representations, warranties or obligations herein. Each entrant hereby acknowledges that the Released Parties 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 any of the Prizes (or any components thereof).
  8. DISPUTES; CHOICE OF LAW. Except where prohibited, each entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by California law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to a Contest or any Prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state or federal courts situated Los Angeles County, Califonia, and each entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (iv) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
  9. WINNER(S)’ LIST. If a winners’ list is not published for a specific Contest, then for a list of the winner or winners (available after the Selection Date), send an email to: Attn: support@op3n.world.
  10. SPONSOR. OP3N, LLC, 8445 Santa Monica Blvd, West Hollywood CA 90069-4491.

Each Contest and all accompanying materials are copyright © 2022 OP3N, LLC