The Cavaliers are excited to announce the “My Cavs Locker” program with a series of NFT Collectibles to be released throughout the remainder of the 2021-2022 NBA season and beyond.
New to NFTs? Don’t worry! We’ve simplified the process to make it easy for both new and seasoned collectors to join in on the excitement. Follow the steps below to get started.
Step 1: Visit mycavslocker.io to claim a FREE Cavs Locker NFT to start your experience. Your personal Cavs Locker will act as a virtual showcase for displaying and interacting with future Cavs Collectibles. As the season goes on, the range of Cavs Collectibles will grow, some memorializing past treasures from Cavaliers history or a current moment in time that rocked the NBA world. Limited availability.
Step 2: Create or connect your account through our partners at sweet.io. The Sweet app and website will serve as the marketplace for NFT drops and can also be used as a digital wallet.
Step 3: Your Cavs Locker will open for the first time during gameday on Sunday, February 6, 2022, starting at 11:00 am EST.
Step 4: The more Cavs home games you attend throughout the remainder of the 2021-2022 season, the more opportunities to build out your Locker with Cavs Collectible NFTs that will be available for fans at Rocket Mortgage Field House at each game.
Step 5: Hit milestones by collecting multiple Cavs Collectible NFTs and be eligible for rewards. Show off your personal Cavs Locker and NFT collection.
Schedule for In-Real Life Token Reward Winners
Gold Seat Winners
Selected on March 25th at 12 pm EST
IRL – game to attend is March 28th at 7 pm EST, winner will receive a pair of Dan Gilbert's floor seats for a game VIP experience. Winners are responsible to get themselves to the venue - no travel accommodations will be provided
Wall of Honor Winners
Winner selected on Wed March 23rd at 12 pm EST
IRL – game to attend is March 26th at 7 PM EST, winners will receive a pair of tickets to the wall of honor ceremony that evening
* See additional terms and conditions below
Frequently Asked Questions (FAQ)
What were the Gold variants rewarded for Cavs Gold Courtside Chair and Gold Wall Of Honor Plaques?
There were TWO GOLD variants of the Courtside chair, as well as GOLD variants for BOTH World B. Free, and Gordon Gund (1 EACH). Here are the winning tokens:
Golden Chairs - #14 and #53
Golden World B. Free Tile - #18
Golden Gordon Gund Tile - #46
If you are interested in bidding, go to https://sweet.io/cavs and click the “User Sales” button. NOTE This has no impact on the upcoming Campy Russell and Lenny Wilkens golden plaques since they will be distributed via a random drawing method, and have a more telling description on the individual winning token pages.
How can I be eligible for the In-Real Life Experiences for the Gold Seat and Gold Wall of Honor?
To receive either the Cavaliers VIP Experience or the Cavaliers Wall of Honor Experience, you must have the Prize in your Sweet Wallet on Sweet.io on March 23, 2022, at 12:00 PM EST.
*See Terms and Conditions below.
What blockchain is the Cavs NFTs minting on?
Can I trade these NFTS on mobile?
Can I sell my Cavs NFT?
When the user-to-user marketplace launches, yes.
Is there a rarity scale?
For some of the tokens, yes. Rarity will be revealed in your Cavs Locker when it opens.
How many lockers are available?
Where can I go to learn more about NFTs?
Browse our Sweet Help Center to learn more about NFTs! This article is a great place to start
Terms and Conditions
CLEVELAND CAVALIERS, ROCKET MORTGAGE FIELDHOUSE, CLEVELAND MONSTERS, CLEVELAND CHARGE, AND CAVS LEGION GC DIGITAL COLLECTIBLES PROGRAM
TERMS AND CONDITIONS OF PURCHASE
LAST UPDATED ON JANUARY 26, 2022
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN THE PURCHASER AND THE CAVS COMPANIES CAN BE BROUGHT (SEE SECTION 12 BELOW). THESE PROVISIONS WILL REQUIRE THE PURCHASER TO SUBMIT CLAIMS THE PURCHASER HAS AGAINST THE CAVS COMPANIES OR A CAVS PARTY (DEFINED BELOW) TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into this Agreement, and/or by Purchaser participating in the Program, Purchaser expressly acknowledges that Purchaser understands this Agreement (including the dispute resolution and arbitration provisions in Section 12) and accepts all its terms. IF THE PURCHASER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PURCHASER MAY NOT PARTICIPATE IN THE PROGRAM.
“Art” means any art, graphics, images, designs, logos, taglines, and drawings that may be associated with an NFT in which the Purchaser acquires Licensed Rights (defined below).
“Cavs Parties” means the Cavs Companies, Cavaliers Holdings, LLC, Arena Team Shop LLC, NBA Media Ventures LLC, the National Basketball Association (“NBA”) and its member teams, NBA Properties, Inc., the American Hockey League (“AHL”) and its member teams, NBA G League (“NBAGL”) and its member teams, NBA 2K League (“NBA2KL”) and its member teams, and each of their parent, subsidiary, and affiliate companies, and each of their respective officers, directors, members, affiliates, agents, attorneys, licensees, licensors, employees, successors and assigns. Each of the Cavs Parties may be referred to individually herein as a “Cavs Party”
“Equivalent” means the value, in US Dollars, of the market value of the relevant amount of cryptocurrency on the day of the transaction.
“Name and Likeness” mean the name, nicknames, images, likenesses, marks, copyrights, trade dress colors, trade dress designs, and/or all other intellectual property of (i) the professional basketball team known as the Cleveland Cavaliers and/or the NBA; (ii) the professional hockey team known as the Cleveland Monsters and/or the AHL; (iii) the professional basketball team known as the Cleveland Charge and/or the NBAGL; and/or (iv) the professional esports team known as Cavs Legion GC and/or the NBA2KL.
“NFT” means any blockchain-tracked, non-fungible token.
“Licensed Rights” with respect to an NFT means Purchaser’s rights to a Licensed NFT of which Purchaser is the current rightful licensee and which Purchaser acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
“Licensed NFT” means an NFT from the Program for which Purchaser successfully provided the highest bid or otherwise purchased.
“Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how, or any other intellectual property rights recognized in any country or jurisdiction in the world.
Purchaser acknowledges and agrees that the Cavs Companies (or, as applicable, their licensors) owns all legal rights, title, and interest in and to the Art and Name and Likeness, and all intellectual property rights therein. The rights that Purchaser has in and to the Licensed NFT and Art are limited to those expressly stated in Section 3 of this Agreement. The Cavs Companies and their licensors reserve all rights and ownership in and to the Licensed NFT, Name, Likeness, and Art not expressly granted to Purchaser in Section 3 of this Agreement. All purchases of Licensed NFTs, as well as associated charges, are non-refundable. This no-refund policy shall apply at all times regardless of the Purchaser’s decision to terminate usage of the Licensed NFT, any disruption to the operations of any components of the Licensed NFT, or any other reason whatsoever.
3. Grant of License.
(a) Definition of Licensed NFT. Purchaser acknowledges and agrees that if Purchaser is the highest bidder for a particular NFT or otherwise purchases a particular NFT as part of the Program (each, a “Licensed NFT”), such Licensed NFT is made available solely for entertainment and personal purposes. Without limiting the foregoing and subject to Purchaser’s continued compliance with this Agreement (and the Sweet Terms), the Cavs Companies grant you a worldwide, non-exclusive, non-transferable (except as specifically provided herein), royalty-free license to display the Licensed NFT, solely for Purchaser’s own personal, non-commercial use.
(b) Permissible Transfers of Purchaser’s Licensed NFT. Purchaser has the limited right to transfer the Licensed NFT, provided that (i) the transferee accepts all of the terms of this Agreement and all of the terms of the Sweet Terms; (ii) the Cavs Companies are paid fifteen percent (15%) of the gross amounts paid by such party relating to the Licensed NFT, including, but not limited to, any transfer price and any other related compensation (e.g., (1) if the transfer price is the Equivalent of $100,000 then the Cavs Companies will be entitled to the Equivalent of $15,000, or (2) if the transfer price is Equivalent to $100,000 and an additional $50,000 is paid as related use fee then the Cavs Companies would be entitled to $22,500) and such payment shall be paid on the same terms and at the same time as Purchaser is paid; (iii) Purchaser has not prior to the transfer breached this Agreement or the Sweet Terms; (iv) prior to the transfer Purchaser’s license to the Licensed NFT has not been terminated; and (v) the party purchasing the Licensed NFT provides the Cavs Companies with a valid e-mail address. Purchaser acknowledges and agrees that the foregoing amounts payable to the Cavs Companies under Section 3(b)(ii) hereof do not include and are not intended to cover, any additional fees imposed or required by the platform through which Purchaser is transferring the Licensed NFT.
4. Reservation of Intellectual Property Rights.
Purchaser agrees that Purchaser may not, nor permit any third party to do or attempt to do any of the following without express prior written consent from the applicable Cavs Company in each case (which consent may be withheld, conditioned or delayed by the applicable Cavs Company in its sole discretion): (i) modify the Licensed NFT, Name and Likeness and/or Art for Purchaser’s Licensed NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Licensed NFT, Name and Likeness and/or Art for Purchaser’s Licensed NFTs to advertise, market, or sell any product or service; (iii) use the Licensed NFT, Name and Likeness and/or Art from Purchaser’s Licensed NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes; (iv) use the Licensed NFT, Name and Likeness and/or Art from Purchaser’s Licensed NFTs in movies, videos, or any other forms of media, except solely for Purchaser’s own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Licensed NFT, Name and Likeness and/or Art from Purchaser’s Licensed NFTs; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Licensed NFT, Name and Likeness and/or Art from Purchaser’s Licensed NFTs; or (vii) otherwise utilize the Art from Purchaser’s Licensed NFTs for Purchaser’s or any third party’s commercial benefit.
To the extent that the Licensed NFT, Name and Likeness, and/or Art associated with Purchaser’s Licensed NFTs contains Third Party IP, Purchaser understands and agrees as follows: (i) that Purchaser will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (ii) that, depending on the nature of the license granted from the owner of the Third Party IP, the Cavs Companies may need to pass through additional terms and/or restrictions on Purchaser’s ability to use the Art; and (iii) to the extent that the Cavs Companies inform Purchaser of such additional restrictions in writing (email is permissible), Purchaser will be responsible for complying with all such restrictions from the date that Purchaser receives the notice, and that failure to do so will be deemed a breach of this Agreement.
The restrictions in this Section 4 will survive the expiration or termination of this Agreement.
CLEVELAND CAVALIERS, ROCKET MORTGAGE FIELDHOUSE, CLEVELAND MONSTERS, CLEVELAND CHARGE, AND CAVS LEGION GC DIGITAL COLLECTIBLES PROGRAM
TERMS AND CONDITIONS OF PURCHASE
5. Termination of the License.
The Licensed Rights granted to Purchaser hereunder shall automatically terminate and all rights shall return to the Cavs Companies if: (i) at any time Purchaser sells, trades, donates, gives away, transfers, or otherwise disposes of Purchaser’s Licensed NFT for any reason except as specially provided in Section 3 of this Agreement; (ii) the email address Purchaser provides to the Cavs Companies is no longer valid; (iii) Purchaser breaches any provision of this Agreement and/or Sweet Terms; (iii) Purchaser has a trustee, receiver or similar party appointed for Purchaser’s property, become insolvent, acknowledge Purchaser insolvency in any manner, make an assignment for the benefit of Purchaser’s creditors, or file a petition of bankruptcy; (iv) Purchaser engages in any unlawful business practice related to the Licensed NFT; (iv) Purchaser initiates any legal actions, except an arbitration as specifically provided herein, against any of the Cavs Parties and/or any of their parent, subsidiary and affiliate companies, and each of their respective officers, directors, members, affiliates, agents, attorneys and employees; or (v) Purchaser disparages any of the Cavs Parties or any parties related to any of them.
6. Disclaimer of Warranties & Limitation of Liability.
ALL LICENSED NFTs ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CAVS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE CAVS PARTIES BE LIABLE TO THE PURCHASER FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING, BUT NOT LIMITED TO, THE LICENSED NFT, THE PROGRAM, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, SWEET. PURCHASER AGREES THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CAVS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY PURCHASER TO THE CAVS COMPANIES FOR THE APPLICABLE LICENSED NFT. PURCHASER ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND PURCHASER AGREES THAT THE CAVS COMPANIES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO THE CAVS COMPANIES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO THE PURCHASER, THE LIMITATIONS WILL APPLY TO THE PURCHASER ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Assumption of Risk.
As noted above, the Licensed NFTs are made available solely for entertainment purposes. Purchaser agrees that Purchaser assumes the following risks: (i) To the extent there is a price or market for a blockchain asset such as an NFT, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) Purchaser owns, including Purchaser’s Licensed NFT, and there is no guarantee that Purchaser Licensed NFTs will have or retain any value; (ii) the commercial or market value on a Licensed NFT that Purchaser purchases may materially diminish in value as a result of a variety of things such as negative publicity in connection with the team; (iii) there are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within Purchaser’s digital “wallet” or elsewhere, and the Cavs Parties will not be responsible for any of these, however caused; (iv) the Cavs Parties do not make any promises or guarantees about the availability of the Licensed NFT or the Art on the Internet or that they will host the Licensed NFT or the Art at any specific location and/or for any specific period of time; (v) upgrades to the Ethereum platform, a hard fork or other change in the Ethereum platform, a failure or cessation of Ethereum, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using such technologies, including, without limitation, Licensed NFTs; (vi) the Cavs Parties do not make any promises or guarantees related to Sweet or any other third parties related to the Program and each of their applications and/or services, including, but not limited to, the continued availability of either and/or the protection and/or storage of any data Purchaser provides to those parties; (vii) the risk of losing access to Licensed NFT due to loss of private key(s), custodial error or purchaser error; (viii) the risk of mining attacks; (ix) the risk of hacking, security weaknesses, fraud, counterfeiting, cyberattacks and other technological difficulties (x) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the Licensed NFT; (xi) the risks related to taxation; (xii) that NFTs are not legal tender and are not backed by any government; and (xiii) the Cavs Parties are not responsible for any transaction between Purchaser and a third party (e.g., Purchaser’s transfer of a Licensed NFT from a third party on the so-called “secondary market”), and the Cavs Parties shall have no liability in connection with any such transaction. In addition to assuming all of the above risks, Purchaser acknowledges that Purchaser has obtained sufficient information to make an informed decision to license the Licensed NFT and that Purchaser understands and agrees that Purchaser is solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for Purchaser. The Cavs Companies and the Cavs Parties cannot and do not represent or warrant that any Licensed NFT, or its supporting systems or technology, is reliable, current or error-free, meet Purchaser’s requirements, or that defects in the Licensed NFT, or its supporting systems or technology, will be corrected. The Cavs Companies and the Cavs Parties cannot and do not represent or warrant that the Licensed NFT or the delivery mechanism for it are free of viruses or other harmful components. Purchaser accepts and acknowledges that the Cavs Companies and the Cavs Parties will not be responsible for any communication failures, disruptions, errors, distortions, or delays Purchaser may experience related to the Program.
8. Disputes/Choice of Law.
The Auctions, and corresponding purchases of any NFTs, shall be exclusively governed by, construed, and enforced in accordance with, the laws of the State of Ohio without regard to principles of conflicts of law.
EXCEPT WHERE PROHIBITED, EACH PURCHASER AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE AUCTION OR ANY NFT SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN CLEVELAND, OHIO, (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (4) PURCHASER HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. OHIO LAW, WITHOUT REFERENCE TO CHOICE OF LAW RULES, GOVERNS THE AUCTION AND ALL ASPECTS RELATED THERETO.
9. Changes to this Agreement.
The Cavs Companies may make changes to this Agreement from time to time. When the Cavs Companies make such changes, the Cavs Companies will make the updated agreement available on this website and update the “last updated” date at the beginning of the Agreement accordingly. Please check this page periodically for changes. Any changes to this Agreement will apply on the date that they are made and, by way of example, Purchaser’s continued access to or use of the Licensed NFT and the Art after this Agreement has been updated will constitute Purchaser’s binding acceptance of the updates.
(A) PARTICIPATION IN THE PROGRAM IS OPEN ONLY TO INDIVIDUALS WHO HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, ARE FULLY ABLE AND COMPETENT TO SATISFY THE TERMS, CONDITIONS, AND OBLIGATIONS HEREIN, AND WHO ARE USING CURRENCY THAT SUCH PARTY IS THE LAWFUL HOLDER THEREOF. IT IS NOT AVAILABLE TO USERS WHO HAVE HAD THEIR USER PRIVILEGES TEMPORARILY OR PERMANENTLY DEACTIVATED. PURCHASER MAY NOT ALLOW OTHER PERSONS TO USE PURCHASER’S USER CREDENTIALS, AND PURCHASER AGREES THAT PURCHASER IS THE SOLE AUTHORIZED USER.
(B) BY BECOMING A USER, THE PURCHASER REPRESENTS AND WARRANTS THAT THE PURCHASER IS AT LEAST EIGHTEEN (18) YEARS OLD.
PURCHASER WILL DEFEND, INDEMNIFY, AND HOLD THE CAVS COMPANIES AND THE CAVS PARTIES, INCLUDING EACH OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, HARMLESS FROM ANY CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF PURCHASER’S LICENSE, SALE OR POSSESSION OF THE LICENSED NFT AND/OR PURCHASER’S PARTICIPATION IN THE PROGRAM, INCLUDING: (1) PURCHASER’S BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) PURCHASER’S VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY AS A RESULT OF PURCHASER’S OWN INTERACTION WITH SUCH THIRD PARTY; (3) ANY ALLEGATION THAT ANY MATERIALS THAT PURCHASER SUBMITS TO THE CAVS COMPANIES OR TRANSMITS IN THE COURSE OF ANY BIDDING OR OTHERWISE AS PART OF THE PROGRAM, COMMUNICATIONS SEEKING THE CAVS COMPANIES’ CONSENT TO ACTIVITIES OR OTHERWISE, INFRINGE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; AND/OR (4) ANY OTHER ACTIVITIES IN CONNECTION WITH THE PROGRAM OR THE LICENSED NFT. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.
12. DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER.
(a) Agreement to Binding Arbitration Between Purchaser and the Cavs Companies. PURCHASER AGREES TO WAIVE PURCHASER’S RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives after the Agreement terminates or your relationship with the Cavs Companies ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and the Cavs Companies or the Cavs Parties, including their affiliates, subsidiaries, parents, successors and assigns, and each of the Cavs Companies’ respective officers, directors, employees, agents, or shareholders.
ALL DISPUTES THE PURCHASER MAY HAVE WITH, AND CLAIMS AGAINST ANY MBL PARTY (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN THE PURCHASER AND THE CAVS PARTIES. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to the Program, this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), payments made by you or any payments made or allegedly owed to you, any promotions or offers made by any Cavs Party, any city, county, state or federal trade secrets, unfair competition, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, THE PURCHASER UNDERSTANDS THAT THE PURCHASER IS WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief. PURCHASER UNDERSTANDS AND AGREES THAT PURCHASER MAY BRING CLAIMS IN ARBITRATION AGAINST A CAVS PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). PURCHASER UNDERSTANDS AND AGREES THAT PURCHASER IS WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION 12(b) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST A CAVS PARTY, WHICH ARE ADDRESSED SEPARATELY IN OTHER SECTIONS.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
(c) Rules Governing the Arbitration. Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by Purchaser and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of a representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement. As part of the arbitration, both Purchaser and the applicable Cavs Parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
The case shall be heard by one (1) arbitrator, who shall be an executive with a company in the entertainment event production industry, and will be conducted in English. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Purchasers but is bound by rulings in prior arbitrations involving the same Purchaser to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d) Arbitration Fees and Awards. The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modification: The arbitrator in his award shall allocate all arbitration fees in his sole discretion and shall have the power to charge reasonable attorney fees to the successful party to the losing party.
(e) Location and Manner of Arbitration. Unless Purchaser and the Cavs Companies agree otherwise, any arbitration hearings between Purchaser and the Cavs Companies will take place in Ohio in the county of Cuyahoga and shall take place in English. If AAA arbitration is unavailable in Purchaser’s county, the arbitration hearings will take place in the nearest available location for AAA arbitration. The purchaser’s right to a hearing will be determined by the AAA Rules.
(f) Severability of Arbitration Agreement Provisions. In addition to the severability provisions in subsections (b) and (c) above, if any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
(g) Optional Pre-Arbitration Negotiation Process. Before initiating any arbitration or proceeding, Purchaser and the applicable Cavs Parties may agree to first attempt to negotiate any dispute, claim, or controversy between the parties informally for thirty (30) days, unless this time period is mutually extended by Purchaser and the applicable Cavs Parties. If you intend to seek negotiation under this subsection must first send to the applicable Cavs Parties a written notice of the dispute (“Notice”) to the Cavs Companies at 1 Center Ct., Cleveland, OH 44115. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made during the negotiation by the Cavs Companies or the Cavs Parties, their agents, employees, and attorneys are confidential, privileged, and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties.
PURCHASER IS RESPONSIBLE FOR ALL APPLICABLE TAX INCLUDING ANY VAT, SALES, OR COMPENSATING USE TAX OR EQUIVALENT TAX WHEREVER SUCH TAXES MAY ARISE. PURCHASER IS RESPONSIBLE FOR ANY APPLICABLE TAXES INCLUDING ANY SALES OR USE TAX OR EQUIVALENT TAX WHEREVER SUCH TAXES MAY ARISE ON THE PRICE, THE BUYER’S PREMIUM, AND/OR ANY OTHER CHARGES RELATED TO THIS PROGRAM. THE APPLICABLE SALES TAX RATE WILL BE DETERMINED BASED ON THE STATE, COUNTY, OR LOCALE. THE CAVS PARTIES ARE NOT RESPONSIBLE FOR DETERMINING THE TAXES THAT MAY APPLY TO THE PURCHASER’S TRANSACTION(S).
IF THE PURCHASER IS PROVIDED A TRANSLATION OF THIS AGREEMENT, THE ORIGINAL VERSION IN ENGLISH WILL BE USED IN DECIDING ANY ISSUES OR DISPUTES WHICH ARISE UNDER THIS AGREEMENT.
IF ANY TERM OR PROVISION OF THIS AGREEMENT IS INVALID, ILLEGAL, OR UNENFORCEABLE IN ANY JURISDICTION, SUCH INVALIDITY, ILLEGALITY, OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER TERM OR PROVISION OF THIS AGREEMENT OR INVALIDATE OR RENDER UNENFORCEABLE SUCH TERM OR PROVISION IN ANY OTHER JURISDICTION.
16. Entire Agreement:
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE MATTERS PROVIDED FOR HEREIN AND IS NOT INTENDED TO BE MODIFIED OR LIMITED IN ANY WAY BY ANY OTHER WRITTEN INSTRUMENT OR ORAL AGREEMENT PREVIOUSLY MADE OR ENTERED INTO BY THE PARTIES HERETO.
BACK-END TERMS AND CONDITIONS FOR GOLD-PLATED NFT WINNERS FOR 03/18/2022 FLOOR SEAT REPLICA NFT
To accept the gold-plated version of the Cavaliers Floor Seat NFT and a VIP, floor seat experience for you and a guest when the Cavaliers host the Magic at the Fieldhouse on 3/28/2022 at 7 p.m. at Rocket Mortgage Fieldhouse (the “Cavaliers VIP Experience”, together with the gold-plated version of the Floor Seat Replica, the Prize”), you must agree to the following CLEVELAND CAVALIERS TERMS AND CONDITIONS. If you receive the Gold Chair you will receive an email confirming the Terms and Conditions, if you agree to the following CLEVELAND CAVALIERS TERMS AND CONDITIONS, please reply to the Email AGREED. If you do not agree, then please reply “I DO NOT AGREE” and you will retain your non-gold-plated version of the Cavaliers Floor Seat NFT and forego the Prize.
Back-End Terms and Conditions:
To receive the Cavaliers VIP Experience, you must have the Prize in your Sweet
Wallet on Sweet.io on March 25, 2022, at 12:00 PM EST (the “Prize Time”). If you transfer the Prize before the Prize Time, you will not receive the Cavaliers VIP Experience. If the Prize is in your Sweet Wallet at Sweet.io at the Prize Time, you then have twenty-four (24) hours from the Prize Time (the “Prize Redemption Period”) to claim the Cavaliers VIP Experience by informing the Sweet.io representative who contacts you to confirm the reward of your intent to claim the prize and attend the experience in person at Rocket Mortgage Fieldhouse. Your game tickets will be transferred to your SeatGeek account on or before the day of the game. You will need to download the SeatGeek app from the Apple or Google Play store and create an account for tickets to be issued for attendance. Your SeatGeek ID or email used to create your SeatGeek account will need to be provided to the Sweet.io representative at the time of notification of your reward. If you do not redeem the Cavaliers VIP Experience within the Prize Redemption Period, you forego the Cavaliers VIP Experience. With respect to the Cavaliers VIP Experience, you must be able to travel on those dates and times designated by Cavaliers Operating Company, LLC (“COC”), in its sole discretion, and all travel arrangements shall be made by you at your sole cost. You agree to release and discharge, and indemnify, defend, and hold harmless, COC, Cavaliers Holdings, LLC, the National Basketball Association and its member teams, NBA Properties, Inc., their respective parents, affiliates, and subsidiaries, and each of their respective governors, owners, members, directors, officers, managers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all liability for any damages, injury, claims, or losses to (i) any person, including serious injury, permanent disability, virus or disease contraction (including severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is also known as COVID-19), and death; or (ii) property of any kind, resulting in whole or in part, directly or indirectly, from the acceptance, use, or misuse of the Prize or participation in any Prize related activity.
FOR 03/19/2022 AND 03/21/2022 WALL OF HONOR MAGNET PLAQUE DROP
To accept the gold-plated version of the Wall of Honor NFT and access to the Wall of Honor ceremony, meet and greet with the inducted legends, and two tickets to the 3/26/2022 game against the Bulls at Rocket Mortgage Fieldhouse (the “Cavaliers VIP Experience”, together with the gold-plated version of the Wall of Honor NFT, the “Prize”), you must agree to the following CLEVELAND CAVALIERS TERMS AND CONDITIONS. If you receive the Gold Wall of Honor Magnet Plaque you will receive an email confirming the Terms and Conditions, if you agree to the following CLEVELAND CAVALIERS TERMS AND CONDITIONS, please reply to the Email AGREED. If you do not agree, then please reply “I DO NOT AGREE” and you will retain your non-gold-plated version of the Cavaliers Wall of Honor Plaque NFT and forego the Prize.
Back-End Terms and Conditions:
To receive the Cavaliers Wall of Honor Experience, you must have the Prize in your Sweet Wallet on Sweet.io on March 23, 2022, at 12:00 PM EST (the “Prize Time”). If you transfer the Prize before then, you will not receive the Cavaliers Wall of Honor Experience. If the Prize is in your Sweet Wallet on Sweet.io at the Prize Time, you then have twenty-four (24) hours from the Prize Time (the “Prize Redemption Period”) to claim the Cavaliers VIP Experience by informing the Sweet.io representative who contacts you to confirm the reward of your intent to claim the prize and attend the experience in person at Rocket Mortgage Fieldhouse. Your gold-plated Wall of Honor NFT will act as your pass to attend the ceremony. You will need to show a Cavalier's representative at the time of entry at Rocket Mortgage Fieldhouse your Sweet wallet containing the NFT. Your game tickets will be transferred to your SeatGeek account on or before the day of the game. You will need to download the SeatGeek app from the Apple or Google Play store and create an account for tickets to be issued for attendance. Your SeatGeek ID or email used to create your SeatGeek account will need to be provided to the Sweet.io representative at the time of notification of your reward. If you do not redeem the Cavaliers Wall of Honor Experience within the Prize Redemption Period, you forego the Cavaliers Wall of Honor Experience. With respect to the Cavaliers Wall of Honor Experience, you must be able to travel on those dates and times designated by Cavaliers Operating Company, LLC (“COC”), in its sole discretion, and all travel arrangements shall be made by you at your sole cost. You agree to release and discharge, and indemnify, defend, and hold harmless, COC, Cavaliers Holdings, LLC, the National Basketball Association and its member teams, NBA Properties, Inc., their respective parents, affiliates, and subsidiaries, and each of their respective governors, owners, members, directors, officers, managers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all liability for any damages, injury, claims, or losses to (i) any person, including serious injury, permanent disability, virus or disease contraction (including severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is also known as COVID-19), and death; or (ii) property of any kind, resulting in whole or in part, directly or indirectly, from the acceptance, use, or misuse of the Prize or participation in any Prize related activity.
GOLD SEAT WINNERS
WINNER SELECTED ON MARCH 25TH AT 12PM EST
IRL – THE GAME TO ATTEND IS MARCH 28TH AT 7 PM EST, WINNER WILL RECEIVE A PAIR OF DAN GILBERT'S FLOOR SEATS FOR A GAME VIP EXPERIENCE. WINNERS ARE RESPONSIBLE TO GET THEMSELVES TO THE VENUE - NO TRAVEL ACCOMMODATIONS WILL BE PROVIDED.
WALL OF HONOR WINNERS
WINNER SELECTED ON WED MARCH 23RD AT 12PM EST
IRL – THE GAME TO ATTEND IS MARCH 26TH AT 7 PM EST, WINNERS WILL RECEIVE A PAIR OF TICKETS TO THE WALL OF HONOR CEREMONY ON MARCH 26TH