Legal

Red Packet Giveaway: Terms & Conditions

NO PURCHASE OR PAYMENT NECESSARY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Subject to applicable law, Magic reserves the right to withdraw, vary, suspend or terminate this promotional offer (including amending these Giveaway Terms) at any time, without notice.

The Magic Red Packets Giveaway offer (“Giveaway”) is sponsored by Magic Labs, Inc. (“Magic”). By participating in this Giveaway or accepting an Award (as defined below), you agree to these Giveaway terms and conditions (“Giveaway Terms”).

This is a limited time offer while supplies last. The Giveaway begins on February 9, 2024 at 12:00 PM ET and continues while supplies last or February 19, 2024 at 12:00 PM ET, whichever is earlier (“Giveaway Period”). The Giveaway is open and offered only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older as of the date of entry, and who satisfy the Giveaway Requirements (as defined below).

The eligible participants who open a Magic wallet using the Red Packet Giveaway link (“Red Packet Link”) during the Giveaway Period will receive approximately 2 dollars and 75 cents ($2.75) (USD) worth of ETH (“Award”), based on the ETH-USD conversion rate on February 7, 2024 at 11:00 PM ET.

To be an eligible participant you must: (i) open a Magic wallet using your personal email address and agree to the Magic Terms of Service available here, (ii) be the intended Magic wallet holder of the email that opens the Red Packet Link; and (the “Giveaway Requirements”).

Limit one (1) Award per eligible participant per email address. Multiple entries from the same person or email address will be disqualified. Use of robotic, automatic, programmed or similar methods to submit an entry are prohibited.Entries that are incomplete, corrupted, distorted or include inaccurate or incorrect personal information are void and will not be accepted. Allow up to 5 minutes for delivery. All Awards are subject to availability; and Magic reserves the right to substitute an Award of equal value. No cash alternative available. This promotional offer may not be combined with any other offer.

All participants are responsible for compliance with any applicable federal, state, or local laws, rules and regulations, contractual limitations and/or office policies, if any, regarding participation in trade promotions or acceptance of promotional gifts and any acceptance of an Award is at you sole discretion. Participants are solely responsible for any applicable taxes connected with the Award. To the extent allowed by applicable law, Magic shall not be liable for any delay, loss, damage, distress or inconvenience for or arising from this offer, including any Awards. Personal data will be processed in accordance with Magic’s Privacy Policy which is located here.

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Red Packet Program: Terms & Conditions

By participating in the Magic Red App launch (“Red Packet App”) whether you are a Gifter or a Recipient (as those terms are defined below), you are agreeing to the Magic Terms of Service and Privacy Policy, as well as the following Magic Red Packet Terms & Conditions (“Red Packet App Terms”). Capitalized terms not defined in these Red Packet App Terms have the meanings given in the Magic Terms of Service.

If you are participating in the Magic Red Packet Giveaway Promotion, you must separately agree to the Magic Red Packet Giveaway Terms and Conditions available above.

The Program begins on February 9, 2024 at 12:00 PM ET and continues until Feb 28, 2024 at 12:00 PM ET. Magic reserves the right to modify or cancel the Red Packet App or modify these Red Packet App Terms, at any time in its sole discretion, without advance notice. With any cancellation or discontinuation of the Red Packet App all benefits will cease subject to Magic’s sole discretion and applicable law.

The Red Packet App

Under the Red Packet App, Gifters may gift ETH to their friends and family using their Magic Wallet (each a “Red Packet”). Friends and family are eligible to receive Red Packets if they comply with the Red Packet App Terms.

Risk of Loss

• The risk of loss and title for Red Packet Value (as defined below) is solely the Gifters or a designated Recipient, if applicable. We are not responsible if any Red Packet Value is lost, stolen, destroyed or used without your permission. We are not responsible for any losses due to errors, omissions, or other faults in the information provided to us via the Red Packet App. Please carefully review the Recipient information before gifting a Red Packet.
• Red Packets are non-refundable, may not be transferred once claimed, and may not be redeemed for cash. Resale of Red Packets is strictly prohibited.

Qualified Red Packets and Eligibility

• A “Gift” occurs when (i) a Gifter with a valid Wallet in good standing shares their personalized claims link with a Recipient via a personal email account through the Magic Red Packet App portal; (ii) within a seven (7) day period after the related Gift, the Recipient clicks on the Gifter’s active claim link; and (iii) the Recipient completes the claims process via either registering for a Magic Wallet or already maintaining a Magic Wallet in good standing. For clarity, a Recipient cannot receive more than one Red Packet per Gifter.
• To be eligible to send a Red Packet through the Red Packet App, a Gifter must have an active Wallet. They can either open and/or have an existing Wallet in good standing and use it as the Wallet for gifting Red Packets. Gifters cannot gift a Red Packet to themselves.
• Gifters must have a standing balance of ETH in their Wallet in order to generate a Red Packet that is equal or greater to the number of Red Packets that are gifted to friends and family.
• Red Packet gifts are subject to certain additional restrictions including the number and value of the underlying Red Packet. Magic has sole and absolute discretion to limit the value and/or number of Red Packets that Gifters can gift.
• Red Packets can only be used as gifts and not for any other purpose, service, or other function that is not expressly made available by Magic.
• Once gifted, the Gifter will no longer have access to the Red Packet Value (as defined below) unless the Recipient fails to Claim the Red Packet in a manner requested by Magic OR if the Gifter decides to retrieve any Red Packets they created that remain unclaimed by the Recipient, which the Gifter can do by going to this reclaim site provided by Magic.

Receiving a Red Packet

1. How it works for Recipients:

• Certain Definitions:

  • A “Red Packet Value” means the value of ETH made available in a Recipient’s Magic Wallet. Red Packet Values cannot be redeemed for cash or any cash equivalent, including but not limited to gift cards, certificates, or refunds.

• Gifts for Recipients will be provided in Red Packet Values as follows:

  • Recipient Eligibility. To be eligible to receive a Red Packet, the recipient of a Red Packet must: (i) either open and/or have an existing Magic Wallet in good standing; (ii) be in compliance with these Red Packet App Terms and Conditions; and (iii) be a friend or family of the Gifter (collectively, a “Recipient”).
  • For each Red Packet, an eligible person that receives a Red Packet will receive (i) a one-time “Claim Link”; and the Recipient will have (ii) seven (days) from the date of Gifter sending the Red Packet to claim the Red Packet Value (“Accrual Period”).
  • Magic may limit the value or number of Red Packets that any Recipient can receive in its sole and absolute discretion or otherwise take any action that feels is reasonable in order to comply with applicable law.
  • If a Recipient does not claim the Red Packet in accordance with Magic’s instructions and subject to any Red Packet Terms and Conditions within seven (7) days of the Gifter gifting the Red Packet, the Recipient will lose the ability to claim the Red Packet and the Red Packet Value will be returned to the Gifter’s Magic Wallet.

Additional Program Terms

• The Red Packet App may not be available in every region or country or for every Gifter and/or Recipient. If the Red Packet App is available to you, you will see the Red Packet App portal when you are logged into your Magic Wallet.
• Magic, in its sole discretion, reserves the right to temporarily suspend or permanently terminate your participation in the Red Packet App, in particular in case of non-compliance with the Red Packet App Terms, for example, we may take such action if you fraudulently accrue Red Packets, fraudulently gift Red Packets or otherwise take any action inconsistent with these Red Packet App Terms.
• The Red Packet App is void where prohibited.
• Gifters and/or Recipients are responsible for any and all tax liability resulting from Red Packet received.
• Magic is not responsible and/or liable if any email, reward, referrals, or Red Packet App-related materials or correspondence are lost, fraudulent, abusive, stolen, late, incomplete, illegible, interrupted, delayed, altered, defective, misdirected, tampered with, or irregular in any way or if any participant’s email address, Magic Wallet, or other contact information does not work, is deleted, or is changed without the user giving prior written notice to Magic.
• As a Gifter, you must comply with all “SPAM” laws. For example, emails must be created and distributed in a personal manner, and bulk email distribution is strongly discouraged. Any distribution of your personalized referral claims link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited.
• By participating in the Red Packet App, you agree that Magic may disclose information about you related to your Red Packet App activity. For example, if you are a Recipient the Gifter that referred you to Magic may receive notice when you complete Magic Wallet Activation and Red Packet are earned. Or if you are a Gifter, we may let a Recipient know that you were the Gifter that invited them to join Magic. To learn more about Magic’s use of personal information, please see Magic’s Privacy Policy.
• As a Gifter, you represent and warrant that you have and will have all requisite permissions and consents from the Recipient to provide their email address to Magic as contemplated herein.

Limitation of Liability.****MAGIC LABS, INC. AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO RED PACKETS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.