1. Introduction
These terms and conditions (the “Terms”) govern the Travel Tiger NFT Welcome Offer (the “Offer”). By entering into this Offer, you agree to the Terms contained herein. The Offer 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 Offer.
2. Eligibility
The Offer is open to residents of all jurisdictions, except where federal, state, or local laws prohibit residents from entering this Offer, and is void where prohibited by law. Entrants must be over 18 years of age to enter the Offer. 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 Offer.
3. Entry Period
The Offer begins on 21 June 2024 at 7:00 AM UTC and concludes on 28 June 2024 at 7:00 AM UTC (“Entry Period”). To enter into the Offer, entries must be received within the specified Entry Period.
4. How to Enter
Eligible entrants can enter the Offer by meeting the eligibility criteria and minting a Travel Tiger NFT at https://www.travala.com/mint-nft (the “Website”) during the Entry Period.
5. Odds
The total number of eligible entries received during the Entry Period determines the odds of winning. All entrants who participate in the Offer will have the same odds of winning.
6. Prizes
- Travel Credits: all entrants who have an active Smart Diamond membership within fourteen (14) days of the conclusion of the Entry Period will receive US$200 in Travel Credits to their Travala.com account. These Travel Credits will expire 12 months from the date of issue. Travel Credits cannot be exchanged for cash or any other consideration. For more information, see the Travel Credit terms.
- NFT Prize: five (5) entrants who have an active Smart Diamond membership at the time of the draw and whose entries qualify will be selected at random as winners of the Offer (the “NFT Winners”). The NFT Winners will each receive a Founders Edition Travel Tiger NFT (the “NFT Prize”) and will be contacted by a representative via email within fourteen (14) days of the conclusion of the Entry Period to request the NFT Winner’s self-custody wallet address which the NFT Winner wishes the NFT Prize to be transferred to. The NFT Prize may be used in conjunction with the Smart Diamond membership and may be traded on the secondary market.
- AVA Prize: five (5) entrants who have an active Smart Diamond membership at the time of the draw and whose entries qualify will be selected at random as secondary winners of the Offer (the “AVA Winners”) to win 500 AVA tokens each (the “AVA Prize”). The AVA Prize will be credited to each AVA Winner’s account wallet accessible via the Travala.com platform within fourteen (14) days of the conclusion of the Entry Period. Each AVA Winner will be notified by email following the AVA Prize being credited.
The NFT Prizes and AVA Prizes (collectively, the “Prizes”) will not be substituted under any circumstances and cannot be exchanged for cryptocurrency, cash, or any other form of consideration by us under any circumstances. Such requests may result in the NFT Winner’s or AVA Winner’s (collectively, the “Winners”) forfeiture of the Prizes, at our sole discretion. The Winners, upon acceptance of the Prizes, are solely responsible for all expenses related to the Prizes, including without limitation any and all local, state, and federal taxes.
7. Selection and Notification of Winners
The Winners will be selected by a random draw out of all eligible entries and will be notified by email within fourteen (14) days 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 NFT Winner fails to respond to our email within fourteen (14) days of the email communication (note: AVA Winners do not have to take any actions to accept the Secondary Prizes), the applicable Prize may be forfeited and an alternate Winner or Runner-up may be selected.
Receipt of the Prizes offered in the Offer is upon the condition of compliance with any and all federal, state, and local laws and regulations.
IF A 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 Offer or website, or otherwise violate these Terms. By entering this Offer, you represent and warrant that you are eligible to participate in the Offer and agree to accept our decisions as final and binding as they relate to the content of this Offer.
9. Limitation of Liability and Indemnity
Your entry into this Offer 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 Offer 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 Offer; 5) electronic error or human error in the Offer administration or the processing of entries.
10. Governing Law
THIS OFFER IS GOVERNED BY THE LAWS OF THE CAYMAN ISLANDS. You agree, as a condition of participating in this Offer, that if any disputes cannot be resolved between you and us, and if causes of action arise out of or are connected with this Offer, 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.
