1stDibs @1stDibsNFT Twitter Sweepstakes Official Rules - 1stDibs: Antique and Modern Furniture, Jewelry, Fashion & Art

The following terms and conditions constitute the “Official Rules” for the 1stDibs @1stDibsNFT Twitter Sweepstakes. 

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  PLEASE NOTE THAT BY ENTERING THIS SWEEPSTAKES FOR A CHANCE TO WIN A PRIZE YOU ARE PROVIDING INFORMATION TO 1stDIBS.COM, INC. (“1stDibs”) AND CONSENT TO OPT IN TO CERTAIN MARKETING BY 1stdibs. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE BINDING ON YOU, SO PLEASE READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE RULES REQUIRE YOU TO INDEMNIFY VARIOUS PARTIES AND LIMIT YOUR RIGHTS AND REMEDIES. 

  1. Eligibility: The 1stDibs @1stDibsNFT Twitter Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico who are 18 years of age or older and who have a registered subscriber Twitter account as of the time of entry (however, entries made via mail do not require a Twitter account).  Persons who enter the Sweepstakes are referred to as “you”/ “your” or “entrant”.   Employees of 1stdibs.com, Inc., 1stDibs’ subsidiaries, affiliated companies, advertising or promotional agencies and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each such employee, and all those persons with whom the employee are domiciled, are NOT eligible. This Sweepstakes is void where restricted or prohibited, and is subject to all federal, state, and local laws. There is no purchase necessary to participate, and a purchase does not increase your chances of winning.
  2. Sweepstakes Period: The Sweepstakes begins on October 25, 2021 at 10:00 a.m. Eastern Daylight Time (“EDT”) and ends upon the earlier of (a) when Sponsor’s Twitter handle “@1stDibsNFT” collects 3000 followers and (b) November 8, 2021 at 11:59:59 p.m. Pacific Daylight Time (“PDT”) (the “Sweepstakes Period”).  
  3. How to Enter the Sweepstakes:
    1. Entry through Twitter:  Each of the following activities will create one entry into the Sweepstakes (each, a “Submission”):
      1. Use the Twitter application to follow “@1stDibsNFT” on Twitter.  
      2. Use the Twitter application to retweet the Sweepstakes-related tweet pinned by Sponsor on the @1stDibsNFT account.  
      3. Use the Twitter application to tag (mention by their Twitter handle) two (2) people who you believe should be featured creators on the 1stDibs NFT platform.  Sponsor reserves the right to reject any entries if the tagged people are not good faith suggestions of NFT creators for Sponsor to consider for its NFT marketplace.

Each Submission must comply with Twitter’s terms of use, policies (including without limitation its privacy policy), and other posted requirements to use Twitter’s services, all of which policies may and do vary from Sponsor’s policies.  Sponsor is not affiliated with Twitter, and is not responsible for any actions, errors, faults, or omissions of Twitter.  Each posting of a Submission that complies with these Official Rules constitutes a separate entry and there is no limit on the number of Submissions you may make (provided that there may be only one Submission per person based on becoming a follower of @1stDibsNFT). 

  1. Alternative way to Enter the Sweepstakes without using a computer or Twitter:  Send a letter with proper postage to 1STDIBS.COM, INC., 51 Astor Place, 3rd floor, NY, NY 10003, Attention: “1stDibs @1stDibsNFT Twitter Sweepstakes”.  The letter must reach Sponsor by the end of the Sweepstakes Period.  The letter must include your name, age, and phone number (so you can be contacted if you are a winner).  Letters conforming to these requirements that are received by the stipulated deadline have an equal chance (no better and no worse) to be winners in the Sweepstakes as do Submissions made through Twitter.  Sponsor is not liable for misaddressed, lost, delayed, or mis-delivered mail.  Each letter that complies with these Official Rules constitutes a separate entry (Submission) and there is no limit on the number of letters you may send.
  2. Guidelines and Restrictions: By uploading or mailing your Submission, you warrant that your Submission conforms to the Content Restrictions as defined below and you acknowledge and agree that Sponsor, in its sole discretion, may disqualify you from the Sweepstakes if it believes that your Submission fails to conform to the Content Restrictions.

Content Restrictions” means the following:

  1. The Submission must not contain material that violates or infringes another party’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; The Submission must not disparage 1stdibs or any other person or party;
  2. The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Sweepstakes;
  3. The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and the Submission must not contain material that is unlawful, in violation of, or contrary to, the laws or regulations in any state.
  4. Grant of License and Warranties as to your rights in the Submission:  Uploading or mailing a Submission (a) constitutes entrant’s consent to these Official Rules and (b) gives Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, display, alter, morph, manipulate, and distribute such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. 

As relates to 1stdibs and any party gaining rights in the Submission (or any derivative of the Submission) directly or indirectly through 1stdibs, you hereby irrevocably and unconditionally waive any and all moral and similar rights that you may have in the Submission, if any.  No monetary compensation shall be paid to you by Sponsor (or any party) for the Submissions you provide.  

You warrant, represent and agree that: (a) by entering a Submission, you are agreeing to these Official Rules; (b) you are free to agree to these Official Rules without violating any obligations you have to any other party; (c) Submissions you provide do not and will not infringe on the rights (including any intellectual property rights) of any third party; and (d) you have not previously granted any rights to any of the Submissions to any other person or entity.

  1. Indemnification: You agree to defend, indemnify and hold both Twitter and Sponsor and its and their officers, employees, directors, agents and affiliates harmless from and against, any and all losses, claims, costs, expenses, damages and/or liabilities to third parties, including but not limited to attorney’s fees, arising out of Sponsor’s use of the Submissions or any breach or any of your obligations, warranties, representations agreements, or covenants hereunder.  
  2. Winner Determination: Within two weeks of the end of the Sweepstakes Period, a random drawing from among all Submissions will be made.  One entry will be chosen.  The first person selected will win the Prize (defined below) and be the “Winner” if he/she complies with all requirements herein and his/her Submission meets all requirements herein; and if he/she does not comply with all requirements, an alternate person will be chosen, and so on until a qualified Winner who complies with all requirements herein is arrived at.  
  1. Prize/Odds: Your odds of winning depend on the number of entrants/Submissions received.  The following Prize will be awarded:
    1. ONE (1) GRAND PRIZE will be awarded as follows:  The prize consists of a voucher to obtain a digital frame by Atomic Form, with a pre-loaded NFT included (“Prize”). The retail value of the Prize is approximately eight thousand two hundred dollars ($8,200), with the final taxable amount to be determined upon the completion of the Sweepstakes. 
  2. Taxes:  Winner of Prize is responsible for all federal, state, and local taxes, if applicable, associated with Prize receipt and/or use.  Note that failure to use the Prize (i.e., letting all or part of the credit amount expired unused) does not relieve the Winner of his/her tax obligations associated with winning the Prize.  This should not be considered tax advice; you must rely on your own tax advisers.
  3. Substitute Prizes: Sponsor reserves the right, in its sole discretion, to substitute for the Prize a different prize of comparable or greater value. 
  4. Determining Eligibility:  Prize winners will be contacted through Twitter’s direct messaging tool (except for mail-in entrants, who will be contacted at the phone number they have provided) or any alternative means chosen by Sponsor.  Sponsor is not responsible if you do not receive or respond to the direct messaging/phone call/other attempt to contact you, and Sponsor is not required to make multiple attempts to reach you.  In the event of a dispute regarding the identity of the person submitting an online entry, the Submission will be deemed submitted by the person in whose name the identified Twitter account was registered.  Acceptance of a Prize constitutes permission to use winner’s name and likenesses for promotional purposes without further compensation except where prohibited by law.  Sponsor has the right to send the winner an affidavit of eligibility and liability and publicity release (“Prize Acceptance Documents”) and the winner may be required to sign and return the Prize Acceptance Documents, except where prohibited by law, within seven (7) days of notification before the Prize is awarded.  If the winner is unreachable, fails to return the Prize Acceptance Documents (if required by Sponsor) within seven (7) days, or if Winner is otherwise ineligible, the Prize will be forfeited and an alternate Winner will be selected from all eligible entries received.
  5. You are bound by these Official Rules and Sponsor’s decisions; Sponsor not responsible for errors:  By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor.  Sponsor is not responsible for: technical, mail, email, IM, internet, hardware, software, or telephone malfunctions of any kind; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by entrant or by any of the equipment or programming associated with or utilized in this Sweepstakes; or any human error which may occur in the processing of entries in this Sweepstakes; or any other events affecting the Sweepstakes that are beyond Sponsor’s control.  
  6. Reasons for Disqualification: Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an un-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Automated or “bot” entries are strictly prohibited and a violation of these Official Rules.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems beyond the control of Sponsor, and (in its discretion) to award the Prize from among all eligible entries received prior to cancellation. 
  7. Disclaimer and Limitation of Liability: Sponsor and Twitter and each of its and their employees, affiliates, subsidiaries, advertising, and promotion agencies will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or a prize awarded. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or by use or redemption of any Prize or by any related activities. Except where prohibited by law, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), NOT TO EXCEED ONE HUNDRED DOLLARS [$100.00], including costs associated with entering this Sweepstakes, but in no event shall attorneys’ and/or experts’ fees be awarded or recoverable.  EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES (INCLUDING ATTORNEY’S FEES), OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES (UP TO $100), AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 
  8. Choice of law; Waiver of Class Action; Severability. Waiver; No Promises were made outside of these Rules:   All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein or therein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  Winner acknowledges that no other party nor any agent or attorney of any other party has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce the Winner to execute any document and the Winner acknowledges that he or she has not executed any document in reliance on any promise, representation or warranty not contained herein.
  9. Data Protection/Privacy Policy: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.  In addition, each entrant agrees that his/her registration and any other information collected in connection with the Sweepstakes may be used by Sponsor in accordance with Sponsor’s privacy policy (https://www.1stdibs.com/about/privacy-policy/).  Without limiting the generality of the preceding sentence, you understand and agree that by entering these Sweepstakes, you are deemed to OPT-IN to receive communications (including marketing) from 1stdibs and to allow 1stdibs to share your personal information as set forth in its privacy policy.
  10. Winner’s Announcement: The name of the Prize winner(s) may be obtained from Sponsor upon written request, at no charge, one month after the end date of the Sweepstakes.

Sponsor (and Absolute Disclaimer of Liability of Twitter): The “Sponsor” of the Sweepstakes is 1STDIBS.COM, INC., 51 Astor Place, 3rd Floor, NY, NY 10003. The Sweepstakes is not sponsored, endorsed, or administered by, or associated with, Twitter.   ENTRANT EXPRESSLY AGREES AND ACKNOWLEDGES THAT IN NO CASE WILL TWITTER HAVE ANY LIABILITY OF ANY KIND OR NATURE WHATSOEVER TO ANY ENTRANT IN RESPECT OF THIS SWEEPSTAKES.