Terms of Service
- Thank you for joining us!
The Spoiled Banana Society drop is an NFT generative project powered by the Ethereum blockchain and started by eleven Bored Apes who love to degen it up over fantasy sports. We truly appreciate your support of our project and are humbled that you are here.Our intention is to make this project open and transparent, and to foster the creative spirit that we hope that you will bring to the Spoiled Banana Society. We are creators and NFT enthusiasts just like you are. Hop on the Discord, contact one of our team members, and we will work to address any questions or concerns you might have.
- What We Own
The Spoiled Banana Society ("SBS") website and NFT project is owned and operated by Spoiled Banana Society LLC, 30 N Gould St, Ste R, Sheridan, WY 82801 USA ("the Company"). All rights that are not specifically granted to the users and owners of SBS NFTs are reserved by the Company. This includes but is not limited to the intellectual property rights surrounding the "Spoiled Banana Society" and "SBS" names, logos, trademarks, the website, the look and feel of the user interface, the smart contract code, the generative traits in general, and any future community wallet. In addition to owning the IP surrounding the name "Spoiled Banana Society" and "SBS", we reserve the exclusive right to use Spoiled Banana Society official logos for future merchandising purposes.
- You Own Your Card
The initial product launch of SBS is a run of 10,000 individual ERC-721 tokens ("Cards" or "NFTs") with generative traits that correspond to cities and American Football positions. By connecting your ethereum wallet and minting a Card with our smart contract, you gain full and complete ownership of your NFT.
- Many Third Party Uses Are Not Restricted
Nothing in these terms are meant to limit you or a third party from (i) owning or operating an NFT marketplace that permits the use or sale of the Cards, so long as the marketplace cryptographically verifies the ownership of the NFT to ensure that only the owner can use and display their Cards; and (ii) owning or operating a third party website or application that permits the inclusion or involvement of the Cards generally, provided that the website or application verifies the ownership of the NFT to ensure that only the owner can use and display their Cards. Furthermore, nothing in this TOS is meant to restrict a third party website's ability to build tools which track traits or sales.
- Limitations of Liability for Gas, Failed Transactions, Smart Contract Bugs
We have worked very hard to make sure that there are no bugs in our smart contract and that our initial NFT launch is smooth. As we have seen in many previous projects, however, sometimes things break. You agree to hold the Company harmless for any losses you may incur as a consequence of minting your NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of your NFT due to website or smart contract bugs.
- No Guarantees or Future Promises
SBS hopes to continue to develop this project and community. We have released a roadmap outlining some of the future goals we hope to accomplish, including a Fantasy Football competition with prizes. While we intend to work towards those goals, sometimes things happen and we cannot guarantee that this original project will sell out entirely nor can we guarantee future developments. You agree that your purchase of a Card from our initial project is all you are guaranteed to receive with your initial purchase. Any future fantasy sports competitions, airdrops, community gatherings, or other benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by SBS in using this site and participating in our NFT launch.
- Prize Support and Eligibility for the SBS Fantasy Football Game
You agree and understand that the Fantasy Football competition ("the game") which SBS has promoted in conjunction with this NFT launch is subject to modification or cancellation. The prizes advertised in connection with the game are based on a complete sellout of the NFT drop, and will be adjusted and prorated in the event that the NFT project does not sellout.
You agree to abide by the rules of the game, which are subject to change at the discretion of SBS. By participating in the game, you represent and warrant the following:
(A) you are above the age of eligibility in your specific jurisdiction (18 years of age or older in most jurisdictions, 19+ in AL, 21+ in MA, IA, AZ and LA);
(B) That you are a citizen or resident of the USA or Canada and have an address in the USA or Canada;
(C) That at the time of participation, you are physically located in the USA or Canada and in a jurisdiction where your participation is not prohibited by law. Please note that you ineligible to participate in the game if you are physically located in any of the following states: Hawaii, Idaho, Montana, Nevada, Oregon, or Washington. Also please note that in Lousiaiana, participation is specifically prohibited in the following parishes: Allen, Avoyelles, Beauregard, Caldwell, Catahoula, Franklin, Grant, Jackson, jefferson, Davis, LaSalle, Morehouse, Richland, Sabine, Union, Vernon, West Carroll, Winn.
(D) You are not subject to backup withholding tax from the IRS;
(E) You are not a shareholder, employee, or independent contractor of Spoiled Banana Society LLC, or a family member of such;
(F) You do not have any contest-related information which is non-public or confidential which would give you an unfair advantage of field;
(G) You are not listed on any US Government list of prohibited or restricted parties; and
(H) You will abide at all times by these Terms of Service, the game rules, and any other agreements between you and SBS regarding the competition.
- Cards Are Not Intended as Investments
Spoiled Banana Society NFTs are meant to be a fun Non-Fungible Token for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that these NFTs will be worth anything. You understand that they have no inherent monetary value, and they should be treated as nothing more than a fun and beautiful collectible.
- Taxes, Compliance and KYC Requirements
You are entirely responsible for any tax liability which may arise from minting or reselling your Cards, as well as any tax liability which may arise from winning prizes in any SBS giveaways or competitions. You understand and agree that if you qualify to win any prizes from SBS, you may be required to provide identifying information for SBS to comply with reporting requirements. You also may be issued a 1099-MISC and it may be necessary for SBS to submit your information to the IRS and/or other government agencies.
- Class Action Waiver
You agree to waive any class action status, and any legal dispute around the SBS project which you may choose to bring can only be done on an individual basis.
The SBS project is not targeted towards children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater.
Any controversy or claim arising out of or relating to the SBS NFT project shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Jurisdiction and Choice of Law
You agree that for purposes of any legal dispute, you will be subject to the jurisdiction of Wyoming and that any legal proceeding will be brought in Wyoming.
- Thank you!
The Spoiled Banana Society will succeed only with the support of you and the other members of our community. We appreciate you, and sincerely thank you for being a part of our launch. See you on Discord and happy minting!
- How to Enter the Tournament: In order to participate in the fantasy football tournament, an individual must follow these steps:
a. Own a Spoiled Banana Society NFT
b. To enter the tournament without owning an SBS NFT ("Mail-in Entries"): To enter by mail without owning an NFT, during the Promotion Period, clearly handprint your full name, complete street address, daytime telephone number, email address and birth date, on a 4″ x 6″ postcard (with no outer envelope) and mail it to the address 30 N Gould St, Ste R, Sheridan, WY 82801 USA. Postcards must be received within seven (7) days of the Promotion's end date. All Mail-in Entries must be legibly handwritten (including addressing), mailed separately with no outer envelope and have sufficient postage. By submitting your Mail-in Entry, you will be automatically assigned the maximum amount of entries that all entrants - may receive for the Promotion. As such, each entrant is only permitted to submit one (1) free mail-in postcard per Promotion. If you enter a Promotion via a SBS NFT Entry as well as a Mail-in Entry, you will receive no more than the maximum number of entries. To the maximum extent permitted by law, all entries become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein. An Entrant is not a winner until his/her prize claim is validated and he/she has received official written notification from the Sponsor or the identified Judging Agency or Judging Agency.