Promotions General Terms and Conditions
BAKKT PROMOTIONS GENERAL TERMS AND CONDITIONS
These Bakkt Promotions General Terms and Conditions (“General Terms”) apply to all promotions, giveaways or other incentives offered by Bakkt Marketplace, LLC (together with its affiliates “Bakkt”) that reference or link to these Promotional Terms (“Promotions”), along with any rules or terms set forth for each Promotion on the applicable Promotion’s offer page, email, text or other means of notification (“Promotional Terms”), (collectively, these General Terms and the Promotional Terms are referred to as the (“Official Rules”). The Official Rules are in addition to the Bakkt General Terms of Service available at https://www.bakkt.com/terms-of-use (“Bakkt Terms of Service”), which govern your use of the account which establishes your overall relationship with Bakkt (your "Account"), the wallet provided to you by Bakkt in which Bakkt will hold cash and digital assets on your behalf (your "Wallet") and the associated Bakkt Services as described in the Bakkt Terms of Service located at (the "Services"). In these Official Rules, “you" or "your" means the person taking the action specified in the Promotional Terms for the applicable Promotion (each a "Promotional Entry”) and “Sponsor,” "we," "our" or "us" means Bakkt. Any capitalized terms not otherwise defined in these Official Rules are defined in the Bakkt Terms of Service. In the event of a conflict between the Bakkt Terms of Service and the Official Rules, these Official Rules will govern solely to the extent of the conflict. All Promotional Entries must comply with the Official Rules to be valid.
- Sponsor. Bakkt will serve as the sponsor and the administrator of each Bakkt Promotion.
- Representations. You represent and warrant that you are at least 18 years of age (or the age of majority in your state of residence), you are capable of entering into a legally binding agreement, you reside in the United States and you agree to abide by the Official Rules. Your right to participate in a Promotion is conditioned upon your acceptance and compliance with the Official Rules and the Bakkt Terms of Service. If you do not agree to be bound by the Official Rules and the Bakkt Terms of Service, you are not authorized to participate in the applicable Promotion.
- Promotional Period. The start and end times of each Promotion (the "Promotion Period") are posted in the applicable Promotional Terms. To enter, follow the instructions specified in the applicable Promotional Terms during the Promotion Period. Participants may be required to provide certain registration information in order to enter a Promotion. Each Promotion is a limited time offer for the applicable Promotion Period.
- Eligibility. Unless otherwise specifically set out in the Promotional Terms, a Promotion is open only to legal residents of the United States and the District of Columbia where Bakkt is licensed to operate (See https://www.bakkt.com/disclosures), who are 18 years of age or older at the time of entry. Promotions are not available to employees (and their immediate families or those living in the same household) of Bakkt and its affiliates, subsidiaries, divisions, parent and related companies, suppliers, printers and advertising and promotional agencies. Individuals who appear on the U.S. Government Department of Treasury’s Specially Designated Nationals and Blocked Persons List are also not eligible to sign up for a Promotion. You may enter a Promotion only via the entry method and/or taking the action specified in the Promotional Terms. All entries must be received by the time specified in the Promotional Terms but not later than 11:59 p.m., E.T., on the last day of the Promotion Period. Unless otherwise specifically stated in the Promotional Terms, you may only submit a Promotional Entry for a Promotion a maximum of one (1) time.
- Promotion Rewards. Upon full compliance with the Promotional Terms, unless otherwise specified in the Promotional Terms, you will automatically receive the amount advertised in the Promotional Terms deposited into your Bakkt Account (each, a “Promotion Reward”). For Promotion Rewards that are granted as a result of bitcoin purchases made by you for, or on behalf of, other parties (“Gift Recipient”) (i) you will receive the Promotion Reward as set forth above, and (ii) the Gift Recipient will receive notification that you have purchased a gift for the Gift Recipient, along with the details of such gift. If the Gift Recipient has a Bakkt Account, the amount of the gift may be deposited into the Gift Recipient’s Bakkt Account. If the Gift Recipient does not have a Bakkt Account, the Gift Recipient will only be able to access your gift by completing the account registration and identity verification process and successfully creating a Bakkt Account. If the Gift Recipient is having a problem creating an account, please see https://help.bakkt.com/hc/en-us for help. The maximum approximate retail value (“ARV”) for each Promotion Reward is as set forth in the applicable Promotional Terms.
- Verification; No Cash Value. Promotions are subject to verification. Bakkt may delay the Promotion Reward for the purposes of investigation. Bakkt may also refuse to verify and process any transaction for any reason, and additional restrictions may apply. Unless otherwise stated in the Promotion Terms, Promotion Rewards have no monetary value and may not be redeemed for cash. They are not transferable, refundable and may not be auctioned, traded, bartered or sold.
- Limitations on Promotions. Notwithstanding anything to the contrary in the Official Rules, Bakkt may refuse to accept any Promotional Entry in its sole discretion. Promotion Rewards associated with a Promotion are subject to change at any time. The type, amount, value, or duration of the Promotion Rewards, if any, are determined at the sole discretion of Bakkt, and can be terminated at any time. Bakkt reserves the right to terminate the Promotion, or terminate or modify any aspect thereof, at any time and without prior notice. Promotion Rewards earned prior to any modification or termination of the Promotion will be honored by Bakkt unless they were awarded as a result of a violation of the Official Rules. You shall use the Promotion Reward strictly in accordance with the Bakkt Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Promotion for any purpose other than the promotional purpose of encouraging your friends, colleagues and family members to enroll for Bakkt Services. A Gift Recipient will be eligible to receive their gift even if you are no longer eligible to receive a Promotion Reward. All of Bakkt’s decisions about your participation in a Promotion and your eligibility for Promotion Rewards, and the amount of any Promotion Rewards you have earned, are final and binding.
- Compliance. You cannot gift yourself or create multiple, fictitious or fake accounts with Bakkt or participate in the Promotion as a Gift Recipient. You may not use the Promotion to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of Promotion. In addition, you may not (i) tamper with the Promotion, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, BAKKT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING POTENTIAL CRIMINAL PROSECUTION.
- Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAKKT, ANY OF THE INDEMNIFIED PARTIES, OR ANY OF ITS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY DIRECT, GENERAL, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. By participating in the Promotion, you agree to indemnify, defend and hold harmless Bakkt and its directors, managers, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, investigations, causes of action (the Claims), debt or liability, including reasonable attorney's fees, including without limitation attorney's fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise out of, in connection with, or related to the Promotion (including, without limitation, any property loss, damage, caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Promotion. The Indemnified Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Indemnified Parties’ reasonable control. TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROMOTION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BAKKT EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROMOTION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE INDEMNIFIED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROMOTION WILL MEET YOUR REQUIREMENTS, (ii) THE PROMOTION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROMOTION WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROMOTION WILL BE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- Conduct Of Participation In Promotion. By entering the Promotion, you affirm that you have read and agree to abide by the Official Rules and the decisions of the Sponsor. Sponsor reserves the right to disqualify your or any person acting in violation of the Official Rules or found tampering with the entry process or with the operation of the Promotion, any Bakkt website or application or the Bakkt Services. The Promotion is governed by the laws of the United States and, by entering, you hereby submit to the jurisdiction and venue of the federal, state and local courts located in Fulton County, Georgia. As a condition of entering this Promotion, you agree that: (a) under no circumstances will you be entitled or permitted to obtain awards for, and you expressly waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, and in no event shall attorney’s fees be recoverable by either party; and (b) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any Prize provided shall be resolved individually, without resort to any form of class action. ANY ATTEMPT BY YOU OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR ANY APPLICATION RELATED TO SPONSOR OR THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
- Account Security. You and the Gift Recipient are responsible for maintaining security and control of any and all log-in credentials, passwords, personal identification numbers, and any other information you may use to access your Account, the Website, the App, your Wallet or the Bakkt Services (“Credentials”). You agree to notify Bakkt immediately if you suspect unauthorized access to your or a Gift Recipient’s account. You agree that Bakkt will not be liable for any loss or damage arising from unauthorized use of their Credentials.
- Right to Cancel, Modify or Terminate. Bakkt reserve the right to cancel, modify or terminate the Promotion at any time for any reason and reserves the right to disqualify you or any Gift Recipient at any time from participation in the Promotion if you or a Gift Recipient does not comply with any of the Official Rules.
These terms were last updated April 22, 2022
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