Last updated: March 26, 2025
SECTION 7 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
IF YOU DO NOT AGREE TO ALL OF THESE DROPPP ARCADE TERMS, PLEASE DO NOT PARTICIPATE IN THIS SERVICE, OR TERMINATE YOUR MEMBERSHIP, AS APPLICABLE.
The Droppp Arcade service (“Droppp Arcade”) is offered by TokenWave, LLC (d/b/a, Droppp.io) and its affiliates (hereby referred to as “Sponsor”, “Droppp” or “us”). The use of Droppp Arcade is exclusively for eligible Droppp.io users (“Member” or “Members”) who are at least the age of majority in their jurisdiction of residence at time of enrollment and who can enter into legally binding agreements. The terms and conditions relating to the use of Droppp Arcade are set out below and exist in conjunction with the Droppp.io Terms of Service (the “Agreement” or “Terms”). Any capitalized terms used but not defined herein will have the meaning associated with such terms in the Agreement. Corporations or other entities or organizations of any kind are not eligible to use Droppp Arcade.
To become a member of Droppp and have access to Droppp Arcade, you must have a valid, active Droppp account. A free account may be created at https://droppp.io/ (the “Site”). While registering, in addition to providing the required information, you must also accept the Terms. Once you have done so, registration is complete. Only the individual named as the account holder will be registered as a user and will be entitled to access Droppp Arcade. Limit one (1) account per user.
By accessing Droppp Arcade or making transactions through the Site, specifically by clicking the "CONVERT TO POINTS" and/or similar buttons, you expressly indicate your acknowledgment and acceptance of these Terms and Conditions for use of Droppp Arcade, all of the terms and conditions incorporated herein by reference, and the Droppp Privacy Policy. If you do not agree to these terms, you may not access or use Droppp Arcade.
The Competition begins at 11:00:00 AM Pacific Time on March 26, 2025 and ends at 11:59:59 PM Pacific Time on June 17, 2025 ("Competition Period"). Sponsor’s computer is the official timekeeping device.
Any Member who elects to participate (“Participant”) may convert eligible digital collectibles in their Hosted NFT Wallet by first clicking the “Arcade Mode” button found at the bottom of Participant’s Inventory page, next to the “Transfer” button. Then, after selecting which digital collectibles Participant would like to convert, clicking the “Convert to Points” button on the bar that appears at the bottom will delete the selected digital collectible(s) from Participant’s account, and Participant will be credited with the corresponding number of Competition Points. Converting a digital collectible is irreversible and will permanently delete the digital collectible from the Participant’s account and any associated wallet, with no ability to recover or restore the digital collectible. Each digital collectible converted will earn Competition Points based on its rarity category as follows: Common: 8 points; Uncommon: 10 points; Rare: 16 points; Epic: 50 points; Ultra: 80 points; Series: 200 points; Legendary: 250 points; Royalty: 500 points; Grail: 1,000 points; Mythic: 2,000 points; 1of 1: 100,000 points.
The following digital collectibles are ineligible for conversion to points: digital collectibles from drops where the redemption window has not yet opened on droppp.io; redemption tokens; Droppp Monsters digital collectibles; unopened packs of digital collectibles; or items without an assigned rarity. All conversions must occur during the Competition Period to be eligible. Sponsor’s records are final and binding for Competition Point totals.
Rankings are determined by total points earned. In the event of a tie for the 333rd position, the participant who first reached the applicable point total, as determined by Sponsor’s timestamp records, will be ranked ahead and declared the 333rd position.
Following the Competition Period, the following rewards will be distributed based on the final Leaderboard at expiration of the Competition Period:
Digital stickers will be added to Participant’s Droppp Account within thirty (30) days after the Competition Period. Season 1 Redemption Tokens will be delivered as digital assets to Participants’ wallet addresses as recorded by Sponsor within thirty (30) days after the Competition Period. All redemption tokens, and digital stickers are non-refundable, and cannot be exchanged for cash or any other consideration.
A Season 1 Redemption Token can be redeemed for a physical Funko Pop! collectible figure. The redemption period for the Season 1 Redemption Tokens (the "Redemption Period") will begin on June 18, 2025 at 11:00AM PT and end on July 18, 2025 at 11:59PM PT. In order to redeem for the corresponding physical item, the Season 1 Redemption Token must be in Participant’s Droppp.io account and redeemed before the Redemption Period ends. Redeeming a Season 1 Redemption Token will “burn” it, and the Season 1 Redemption Token will cease to exist. After the Redemption Period ends, Season 1 Redemption Tokens can no longer be redeemed. International restrictions may apply. Season 1 Redemption Tokens are not refundable or redeemable for cash or any goods or services except the corresponding Funko Pop! collectible figure.
Sponsor reserves the right to disqualify any participant who tampers with the entry process, violates these Rules, or engages in fraudulent or unsportsmanlike conduct.
Personal information collected in connection with the Competition will be used in accordance with Droppp’s Privacy Policy, availablehere. In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Sponsor and our subsidiaries and affiliates, our Third Party Vendors, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Sponsor Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your conversion of any digital collectible into Competition Points; (b) your use of our Services (including, without limitation, Droppp Arcade); (c) your violation of these Terms or any terms referenced in these Terms; or (d) your violation of any applicable laws, rules, or regulations (including, without limitation, (i) the Commodity Exchange Act and the regulations promulgated thereunder by the CFTC (as defined below), (ii) U.S. federal securities laws and the regulations promulgated thereunder by the SEC (as defined below) and (iii) U.S. state securities laws and the regulations promulgated thereunder by the applicable state regulatory authority) or the rights of any other person or entity.
You agree to cooperate with the Sponsor Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Sponsor Parties will have control of the defense or settlement, at Sponsor’s sole option, of any third-party Claims.
YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, DROPPP ARCADE, IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES (INCLUDING DROPPP ARCADE AND ANY THIRD PARTY SERVICE), ANY CONTENT IN OUR SERVICES, AND ALL DIGITAL COLLECTIBLES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, SPONSOR DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SPONSOR ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES.
SPONSOR AND THE SPONSOR PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF, AND TAKE NO RESPONSIBILITY FOR ANY USE OF, DIGITAL COLLECTIBLES, DIGITAL CURRENCY, OR FIAT CURRENCY, INCLUDING, WITHOUT LIMITATION, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR ACCOUNT CREDENTIALS, INCORRECTLY CONSTRUCTED TRANSACTIONS, MISDELIVERED TRANSACTIONS, UNSUPPORTED DIGITAL COLLECTIBLES OR DIGITAL CURRENCIES, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY THIRD PARTY ACTIVITIES, INCLUDING, WITHOUT LIMITATION, (I) FRAUD, THEFT, MISREPRESENTATION, OR OTHER MISCONDUCT OR (II) THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST OUR SERVICES, DIGITAL COLLECTIBLES, DIGITAL CURRENCY, OR FIAT CURRENCY; OR (F) ANY OF THE MATTERS DESCRIBED IN SECTION 13 BELOW.
NFTS AND DIGITAL CURRENCY ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON A BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY DIGITAL CURRENCY OR NFT OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN. WE DO NOT GUARANTEE THAT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL CURRENCY OR NFTS CAN BE EFFECTED.
To the fullest extent permitted by applicable law, Sponsor and the other Sponsor Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Sponsor or the other Sponsor Parties have been advised of the possibility of such damages.
The total liability of Sponsor and the other Sponsor Parties for any claim, regardless of the form of the action, (a) arising out of or relating to these Terms or our Services (but not your purchase or acquisition of an Additional Product) is limited to the greater of $100 or the amount in USD paid by you to Sponsor for the products or services on our Services that gives rise to the liability and (b) arising out of your purchase or acquisition of an Additional Product is limited to (i) replacement of the Additional Product or (ii) the Credit, each as determined in accordance with Section 1 of the Agreement.
The limitations set forth in this Section 6 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Sponsor or the other Sponsor Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SPONSOR TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND SPONSOR FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND SPONSOR AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. SPONSOR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
For any dispute or claim that you have against Sponsor, that Sponsor has against you or that you have, or Sponsor has, in each case relating in any way to these Terms or the Sites, or any aspect of the relationship between you and Sponsor as relates to these Terms or our Services (collectively, “Claims” and each a “Claim”), you and Sponsor agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against Sponsor, you will first contact Sponsor by sending a written notice of your Claim (“Claimant Notice”) to Sponsor by certified mail addressed to TokenWave, LLC, Attn: Legal, 2802 Wetmore Avenue Everett, WA 98201 or by email to [email protected]. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If Sponsor asserts a Claim against you, Sponsor will first contact you by sending a written notice of Sponsor’s Claim (“Sponsor Notice”) to you via email to the primary email address associated with your account. The Sponsor Notice must (x) include the name of a Sponsor contact and the contact’s email address and telephone number; (y) describe the nature and basis of the Claim; and (z) set forth the specific relief sought. If you and Sponsor cannot reach an agreement to resolve the Claim within thirty (30) days after you or Sponsor receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Sponsor first send a Claimant Notice or a Sponsor Notice, so that the parties can engage in this informal dispute-resolution process.
Except for (i) small claims disputes in which you or Sponsor seek to bring an individual action in small claims court located in the jurisdiction of your billing address or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Sponsor, including any disputes in which you or Sponsor seek injunctive or other equitable relief for the alleged unlawful use of your or Sponsor intellectual property or other infringement of your or Sponsor’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 7.1 will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA, and the then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Sponsor:
YOU AND SPONSOR AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND SPONSOR ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Sponsor or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
For any arbitration you initiate, you will pay the consumer filing fee, and Sponsor will pay the remaining AAA fees and costs. For any arbitration initiated by Sponsor, Sponsor will pay all AAA fees and costs. For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator. If you or Sponsor submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Sponsor agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Sponsor agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator.
The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Sponsor or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Sponsor understand and agree that, when twenty-five (25) or more similar claims are asserted against Sponsor or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or Sponsor’s Claim might be delayed. For such coordinated actions, you and Sponsor also agree to the following coordinated bellwether process:
Counsel for the claimants and counsel for Sponsor shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings.
A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Sponsor’s case is selected for a bellwether process, withdrawn, or otherwise resolved.
A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Sponsor or you.
To the extent permitted by law, any Claim or dispute by you or Sponsor arising out of or related to these Terms or the Sites, or any aspect of the relationship between you and Sponsor as relates to your use of the Sites, in each case other than IP Claims, must be filed within one year after such Claim or dispute arose; otherwise, the claim is permanently barred, which means that you and Sponsor will not have the right to assert the Claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us notice of your opt-out via email at [email protected] or by certified mail addressed to Tokenwave, LLC, Attn: Legal, 2802 Wetmore Avenue Everett, WA 98201. In order to be effective, the opt-out notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 8.
You may reject any change we make to Section 7 (except address changes) by personally signing and sending us notice within 30 days of the change via email at [email protected] or by certified mail addressed to Tokenwave, LLC, Attn: Legal, 2802 Wetmore Avenue Everett, WA 98201. If you do, the most recent version of Section 7 before the change you rejected will apply.
If any portion of this Section 7 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 7 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 7; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 7 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 7 will be enforceable.
Any dispute arising from these Terms and your use of Droppp Arcade will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the Southern District of New York.
These Terms and Conditions may be updated from time to time, at the sole discretion of Sponsor. Any changes will become effective upon our posting of the revised Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email and/or by posting notice of the changes on the Site.
If any portion of these Terms (other than Section 7) is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.
These Terms, including any terms referenced in these Terms, constitute the entire agreement between you and Sponsor relating to your access to and use of Droppp Arcade. Notwithstanding any other provisions of these Terms, all sections of these Terms that by their nature extend beyond the discontinuation of Droppp Arcade or other termination of your access to Droppp Arcade will survive termination or discontinuation. The failure of Sponsor to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect.