1. Introduction
These terms and conditions (the “Terms”) govern the Travel Tiger NFT Giveaway (the “Giveaway”). By entering into this Giveaway, you agree to the Terms contained herein. The Giveaway is offered by AVA Foundation, a company incorporated in the Cayman Islands with its registered address at Harbour Place, 2nd Floor, 103 South Church Street, P.O. Box 472, George Town, Grand Cayman KY1-1106. In these Terms, references to “us”, “we” or “our” shall mean AVA Foundation. When we refer to “you” in these Terms, we mean any person that enters into this Giveaway.
2. Eligibility
The Giveaway is open to residents of all jurisdictions, except where federal, state, or local laws prohibit residents from entering this Giveaway, and is void where prohibited by law. Entrants must be over 18 years of age to enter the Giveaway. Our employees, contractors, subsidiaries, affiliates, suppliers, partners, and directors, as well as the immediate family members of the aforementioned persons, are ineligible to participate in the Giveaway.
3. Entry Period
The Giveaway begins on 3 January 2024 at 7:00 AM UTC and concludes on 31 January 2024 at 10:00 AM UTC (“Entry Period”). To enter into the Giveaway, entries must be received within the specified Entry Period.
4. How to Enter
Eligible entrants can enter the Giveaway by activating or upgrading their Smart membership to any Smart tier, excluding the Smart Basic tier, within the AVA Smart Program accessible via https://www.travala.com/smart-program?tab=introduction (the “Website”). Every AVA token that is locked in the AVA Smart Program during the Entry Period is equal to one entry. The maximum number of entries available per entrant is dependent on the entrant’s membership status prior to the Entry Period and the number of AVA tokens locked in the AVA Smart Program during the Entry Period. An entrant that upgrades their Smart tier from the Platinum to Diamond tier during the Entry Period will receive an additional 7,000 entries on top of any AVA tokens locked in the AVA Smart Program by the entrant during the Entry Period. Any existing member of the AVA Smart Program who unlocks their AVA tokens from the AVA Smart Program during the Entry Period will not be eligible to participate in the Giveaway.
5. Odds
The total number of eligible entries received during the Entry Period determines the odds of winning.
6. Prize
One (1) entrant whose entries qualify will be selected at random to win this Giveaway (the “Winner”). The Winner will receive a Founders Edition Travel Tiger NFT (the “Prize”) and will be contacted by a representative via email to request the Winner’s self-custody wallet address which the Winner wishes the Prize to be transferred to. The Prize may be used to access the Smart Diamond membership and may be traded on the secondary market.
The Prize will not be substituted under any circumstances and cannot be exchanged for cryptocurrency, cash, or any other form of consideration under any circumstances. Such requests may result in the Winner’s forfeiture of the Prize, at our sole discretion. The Winner, upon acceptance of the Prize, is solely responsible for all expenses related to the Prize, including without limitation any and all local, state, and federal taxes. Please see the Travel Tiger NFT page for more information about the Prize and how it can be used to access the Smart Diamond membership.
7. Selection and Notification of Winner
The Winner will be selected by a random draw out of all eligible entries and will be notified by email within one (1) week of the conclusion of the Entry Period. We are not responsible for, nor shall have any liability for, a Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. We shall not be liable for a Winner’s provision of incorrect or otherwise non-functioning contact information.
If a Winner is found to be ineligible or illegitimate, or if the Winner fails to respond to our email within fourteen (14) days of the email communication, the Prize may be forfeited and an alternate Winner may be selected. Receipt of the Prize offered in the Giveaway is upon the condition of compliance with any and all federal, state, and local laws and regulations.
IF THE WINNER VIOLATES ANY OF THESE TERMS, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL RIGHTS AND CLAIMS OF THE WINNER WILL BE IMMEDIATELY VOID.
8. Rights We Reserve
We reserve the right to cancel the competition or amend these Terms at any time and without prior notice. We also reserve the right to refuse, withdraw, or disqualify any entry at any time at our sole discretion, including but not limited to where individuals tamper with or attempt to tamper with the operation or entry process of the Giveaway or website, or otherwise violate these Terms. By entering this Giveaway, you represent and warrant that you are eligible to participate in the Giveaway and agree to accept our decisions as final and binding as they relate to the content of this Giveaway.
9. Limitation of Liability and Indemnity
Your entry into this Giveaway constitutes your agreement to indemnify as well as release and hold harmless AVA Foundation and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Giveaway and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorised intervention in any part of the entry process or the Giveaway; 5) electronic error or human error in the Giveaway administration or the processing of entries.
10. Governing Law
THIS GIVEAWAY IS GOVERNED BY THE LAWS OF THE CAYMAN ISLANDS. You agree, as a condition of participating in this Giveaway, that if any disputes cannot be resolved between you and us, and if causes of action arise out of or are connected with this Giveaway, they shall be individually resolved exclusively before the courts of the Cayman Islands, without resorting to any form of class action. Under no circumstances in any dispute would you be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than your actual out-of-pocket expenses. You waive all rights to have damages multiplied or increased.
11. Privacy Policy
Information submitted with an entry is subject to the AVA Foundation Privacy Policy.
