NO PURCHASE NECESSARY TO PARTICIPATE OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
YOU HAVE NOT YET WON.
PROMOTION PERIOD: The Fidelity Charitable Art of Generosity Instant Win Game (the "Promotion") begins 12:00 p.m. Eastern Time ("ET") on November 22, 2022 and ends 12:00 p.m. ET on November 29, 2022 ("Promotion Period").
ELIGIBILITY: This Promotion is open to legal residents of the 50 United States and D.C., 18 years of age or older who possess a mobile device as of date of entry. The following individuals are not eligible to participate or win: Officers, directors, independent contractors and employees of Fidelity Investments Charitable Gift Fund ("Sponsor"), Don Jagoda Associates, Inc. ("Administrator"), and each of their respective subsidiaries and affiliated companies; and other individuals or entities involved in the administration, development, fulfillment and execution of the Promotion (collectively, "Sponsor & Others") The Promotion is intended solely for viewing and participation in the United States and shall be construed and evaluated solely under United States federal, state and local laws. The Promotion is void where prohibited, taxed or restricted by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO PARTICIPATE: During the Promotion Period, go to the Fidelity Charitable Art of Generosity website online at www.generositynft.com (the "Website") and follow the instructions provided to claim a free Fidelity Charitable Art of Generosity NFT ("NFT Claim"). Claiming an NFT is free and no payment of any "gas" or other NFT processing fees is required. Limit two (2) NFT Claims per person. By submitting an NFT Claim, you agree to these terms and Official Rules for this Promotion, and to the decisions made by the Administrator and/or Sponsor. You further agree that there is no appeal or manner in which to object to the decision, opinions or determinations of the Sponsor or Administrator. Normal phone/data and usage charges imposed by your phone service may apply.
GRAND PRIZE WINNER REVEAL/PRIZE CLAIM PERIOD: After the conclusion of the Promotion Period, from
12:01 p.m. ET on November 29, 2022 through 11:59 p.m. ET on February 28, 2023, if your Fidelity
Charitable Art of Generosity NFT in your digital wallet reveals an official game message ("Game Message")
that includes the words "Golden Ticket", you are an instant winner of a Grand Prize, subject to verification
of eligibility. Follow the instructions provided in the Game Message provided to claim your prize If your
NFT does not reveal any Game Message, you are not a winner of a Grand Prize. All prize claims must be
completed by 11:59 p.m. on February 28, 2023.
Regardless if the winner is the original minter or subsequent transferee in a secondary transaction, only the holder at time of redemption will be eligible to redeem the NFT Claim (after which time the NFT will remove the message "Golden Ticket" to reflect on the NFT that it has already been claimed). The person completing the NFT Claim or revealing a Game Message will be deemed the entrant (the "Entrant").
GRAND PRIZE VERIFICATION AND GRAND PRIZE ODDS OF WINNING: The approximate odds of winning a Grand Prize are 1 in 10,000. The actual odds of winning a Grand Prize depend upon the total number of Entrants throughout the Promotion Period and compliance with the exact requirements of these Official Rules. All Grand Prize winners are subject to confirmation, verification of eligibility by Administrator and compliance with these Official Rules in Sponsor's sole discretion. If, due to an error of any kind, more Game Messages are determined as Grand Prize winners, or more Grand Prizes are claimed than are intended to be awarded, the intended Grand Prize will be awarded in a random drawing from among all verified Grand Prize claims received. In no event will the Sponsor be obligated to award more than the stated number of Grand Prizes. The Sponsor and its agencies assume no responsibility for any injury or damage to participants' or to any other person's computer relating to or resulting from participating or downloading materials or software in connection with the Promotion.
PRIZES: Fifty (50) Grand Prizes: The Grand Prize winner(s) will receive access to a $1,000 pre-funded Fidelity Charitable Giving Account that can be used only to recommend grants to IRS -qualified 501(c)(3) public charities. Current Giving Account Holders will have the grand prize added to their existing Giving Account. Fidelity Charitable is the legal owner of the funds within the Giving Account. Winner may not withdraw the funds at any time. While the winner may recommend grants to a qualified public charity, the ultimate decision as to which charity(ies) the funds go to lies with the Sponsor. Grand Prize winners must make grant recommendations totaling one thousand dollars ($1000) to qualified public charities by June 30, 2023. Grand Prize funds not recommended will be returned to Fidelity Charitable where it will be granted at the discretion of the Fidelity Charitable Trustees. Total value of all prizes is $50,000. No transfer, resale, cash or other substitution of a prize except Sponsor may substitute prize in whole or in part for one of comparable or greater value for any reason. All details and restrictions of the Grand Prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion and Grand Prize is subject to terms and conditions of Fidelity Charitable Program Guidelines which can be found at Fidelity Charitable Program Guidelines. No federal, state or local taxes will be due on the Grand Prize. Sponsor reserves the rights to limit to no more than one (1) Grand Prize per person.
NOTIFICATION OF GRAND PRIZE WINNERS: Potential winners will be notified by email or blockchain communication. All potential winners must comply with all terms and conditions of these Official Rules, and being declared an official winner is contingent upon fulfilling all requirements set forth herein. Potential winners may be required to sign and return within a Sponsor-specified time period a Declaration of Eligibility/Compliance and a Publicity/Liability Release ("Release"), as allowed by law or he/she will forfeit the prize. In the event of prize forfeiture, a potential winner is unreachable, the prize notification is undeliverable, or if a potential winner declines acceptance of the prize, Sponsor will grant the funds at the discretion of the Trustees of Fidelity Charitable. All potential winners of the Promotion are subject to verification by Sponsor or Administrator, whose decisions as to the administration and operation of the Promotion and the selection and verification of potential winners are final and binding in all matters related to the Promotion. All materials submitted become the sole property of Sponsor and will not be returned. Sponsor reserves the right to perform a background check, internet, and/or social media review on the potential winners, who agree to provide any verification or authorizations necessary in connection with background check. Sponsor will have the right, in its sole discretion, to disqualify any potential winner if the background check, internet, and/or social media review on such winner reveals conduct, information or history that, in Sponsor's determination, may be harmful to Sponsor or Sponsor's image or reputation or with which Sponsor does not wish to be associated.
LIMITATIONS OF LIABILITY: Sponsor & Others are not responsible for lost, late, mutilated, delayed, inaccurate, incomplete, postage due or misdirected NFT Claims, interrupted or unavailable network/app servers involved in processing NFT Claims, app/internet access or other connections, miscommunications, failed telephone or computer transmissions/failures of any kind or jumbled, scrambled or misdirected NFT Claims, or for phone, electrical, network, computer hardware or software or program malfunctions, inability to upload or download any information in connection with participating in the Promotion, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person or person's computer/device or property related to participating in the Promotion. Persons found tampering with, abusing any aspect of this Promotion, or violating these Official Rules, will be disqualified and may be subject to prosecution. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner or Entry, the winning Entry will be declared made by the individual making the NFT Claim. Potential winners may be required to show proof of being the individual making the NFT Claim. IN NO EVENT WILL SPONSOR AND ITS AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS PROMOTION OR ACCEPTANCE OR USE/MISUSE OF ANY PRIZE.
GENERAL CONDITIONS: By participating this Promotion and/or accepting a prize as a selected winner, each entrant/winner agrees that he/she has read these Official Rules and that he/she will be strictly bound by them. Sponsor's decisions shall be final in all matters pertaining to this Promotion and any/all prizes awarded. By accepting a prize, winners grant Sponsor the right to use their individual names, addresses, photographs, and likenesses for advertising, publicity and promotional purposes and for any other such purposes as Sponsor so determines, in any and all media worldwide without limitation, without further compensation or permission, except where prohibited by law. All federal, state and local laws apply. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, viruses, tampering, or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to cancel, terminate, modify or suspend the Promotion and award the prizes in random drawings from among all eligible NFT Claims received, prior to cancellation. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. No more than the stated number of prizes will be awarded.
DISPUTES: ENTRANT AGREES THAT: (1) Any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be subject to arbitration conducted in Boston, Massachusetts. Such arbitration will be conducted by, and according to the securities arbitration rules then in effect of, FINRA, the New York Stock Exchange or any other U.S.-based national securities exchange registered with the Securities and Exchange Commission. Arbitration may be initiated by serving or mailing a written notice. (2) No person shall bring a putative or certified class action to arbitration, or seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action until (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein. (3) ENTRANT HEREBY WAIVES HIS/HER RIGHT TO PROMOTION JURISDICTION; (4) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATEING THIS PROMOTION BUT IN NO EVENT ATTORNEYS' FEES; AND UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion,shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
GENERAL RELEASE: Each entrant hereby agrees to release, indemnify, and hold harmless Sponsor & Others, from any claims, actions, damages, losses or injury of any kind including but not limited to personal injury or death, resulting from participating in the Promotion or from acceptance, use or misuse of a prize awarded or participation in any prize-related activity. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and/or claims of third parties. Entrants agree that Sponsor & Others have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express, or implied (including but not limited to the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Promotion or to any prize.
WINNERS LIST: For the first initial, last name, city and state of the winners, available for ninety (90) days after February 22, 2023 send an email to: Winners@dja.com with Fidelity Charitable Winners (2737-09) as the subject line. Winners List will be sent after all prizes have been awarded.
SPONSOR/ADMINISTRATOR: The Sponsor of this Promotion is Fidelity Investments Charitable Gift Fund, 245 Summer Street Boston, MA 02210. The Administrator of this Promotion is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.