The terms on which DrawADraw works.
These Terms of Service (the “Terms”) are an agreement between you and DrawADraw Inc., a Delaware corporation (“DrawADraw”, “we”, “us”), and govern your use of drawadraw.com, its subdomains, and the services offered there (together, the “Service”). By using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
01What the Service is
DrawADraw offers three things. Collectible editions: numbered digital artworks (ERC-1155 tokens on Ethereum) sold at a fixed price, which you own as collectibles. Promotional campaigns: each edition release is paired with a promotional sweepstakes in which one entrant wins the original physical artwork; a purchase includes promotional entries as a free bonus, and free mail-in entry with identical odds is always available. A marketplace: a peer-to-peer venue, settled by smart contract, where holders may resell editions and artwork NFTs.
No purchase or payment of any kind is necessary to enter or win a promotional campaign, and a purchase will not increase your chances of winning. Each campaign is governed exclusively by its own Official Rules, linked from the campaign page and pinned on-chain. Where these Terms and a campaign’s Official Rules differ about that campaign, the Official Rules control.
02Who may use the Service
You must be at least 18 years old (or the age of majority where you live, if higher) and legally able to enter into this agreement. Campaign participation is further limited by each campaign’s Official Rules, including eligible jurisdictions, per-person entry caps, and the exclusion of our employees, contractors, artists, vault and logistics partners and their households. The Service is void where prohibited. You may not use the Service if you are subject to sanctions administered by the United States or if doing so would violate the law where you are. You are responsible for knowing whether the Service is lawful for you to use where you live.
03Editions and promotional entries
An edition is a product with independent value: a numbered digital artwork you can hold, display and resell. Its price is stated in U.S. dollars and settled in USDC, or in ETH quoted at the moment of purchase from a published price feed (with a small buffer the contract refunds). The promotional entries that accompany an edition are a free bonus governed by the Official Rules and carry the same odds per entry as mail-in entries. Entries are not property, cannot be sold or transferred, and have no value outside the campaign. Reselling an edition does not transfer its entries; entries stay with the original purchase. Edition sales are final once the transaction is confirmed on the blockchain.
04Campaigns, draws and winners
Every entry, from either method, is recorded in one append-only ledger whose fingerprint is committed to Ethereum when the campaign closes. The winning entry is selected by Chainlink VRF public randomness applied to that frozen ledger by a published rule; no one at DrawADraw chooses the winner, and anyone can verify the draw from public chain data on the campaign’s audit page. The prize is awarded regardless of how many editions sell.
A provisional winner must complete verification within the claim window stated in the Official Rules: proof of control of the winning wallet (for purchase entries), identity verification, sanctions screening, an affidavit of eligibility, and tax forms where required. A winner who fails verification or does not respond in time forfeits the prize, which passes to the next alternate in the pre-committed draw order. Taxes on a prize are the winner’s responsibility; for prizes valued at $600 or more awarded to U.S. persons we issue IRS Form 1099-MISC and may require a Form W-9 before release.
05Artwork NFTs and custody of the physical work
The original artwork is represented by an artwork NFT (an ERC-721 token) that serves as the redemption credential for the physical work, which is held in insured, bonded storage. Ownership of the NFT is ownership of the right to direct the physical work: keep it vaulted, have it shipped, or consign it for resale. Storage and insurance are included for the period stated in the Official Rules (currently the first year); before that period ends we offer renewal terms, and you may switch to shipping or consignment at any time from your dashboard.
Shipping is arranged with our custody partners after the holder’s election is confirmed on-chain; import duties, taxes and any destination requirements are the holder’s responsibility, and title and risk of loss pass on delivery as set out in the shipping confirmation. Electing pickup or shipping freezes the NFT until the hand-off completes. When the physical work is released to its owner, the NFT is permanently retired: it remains on-chain as the provenance record but can no longer be transferred, sold or redeemed.
06The marketplace
The marketplace lets holders list editions and artwork NFTs for sale to other users. A listing is an offer that the marketplace smart contract executes when a buyer accepts it; the listed asset is escrowed by the contract while listed, payment is made in USDC, and proceeds less the platform fee (currently 2.5% of the sale price, disclosed at listing and at purchase) are paid to the seller automatically. DrawADraw is not a party to marketplace sales, does not guarantee that any asset will find a buyer or hold value, and cannot reverse a completed sale. Sellers represent that they own what they list and have the right to sell it. We may pause the marketplace or remove a listing to comply with law, protect users, or respond to a security concern.
07Wallets, blockchain and payment
You interact with the Service through a self-custodied wallet. We never hold your private keys or your funds, cannot recover a lost wallet, and cannot reverse or refund a blockchain transaction. Transactions require network fees (“gas”) that go to the Ethereum network, not to us. Records on Ethereum are public and permanent, including your wallet address, purchases, entries and NFT ownership. Digital asset prices, including ETH, are volatile; smart contracts and wallets can contain defects; you accept these risks when you use the Service. Our smart contracts have been reviewed, but no review makes software risk-free.
08Your account and conduct
Signing in with your wallet proves control of that wallet and sets a session for your device. Keep your wallet and the email addresses you give us accurate and secure; we send winner notifications to the contact associated with the winning entry. You agree not to: circumvent entry caps or eligibility rules through multiple identities or wallets; use bots or automation to purchase or enter; interfere with the Service, its smart contracts, the draw or other users; misrepresent your identity or eligibility during a claim; scrape the Service; or use it for anything unlawful. We may suspend or restrict access, and disqualify entries obtained by fraud, automation or cap circumvention, as the Official Rules provide.
09Intellectual property
Owning an edition or an artwork NFT does not transfer copyright in the underlying artwork, which remains with the artist or rights holder. Holders receive a limited, non-exclusive, non-commercial licence to display the artwork image associated with a token they hold, for personal use and to offer the token for sale on the marketplace. The Service, its design, text, code and marks are owned by DrawADraw or its licensors and may not be copied or used without permission.
10Communications
We send transactional messages about your purchases, entries, claims and custody elections to the email you provide. Marketing messages — new-drop announcements — are sent only if you opt in, and every one carries an unsubscribe link. Our Privacy Policy explains what information we collect and how it is used.
11Third-party services
The Service depends on services we do not control, including the Ethereum network, your wallet software, Chainlink VRF, the USDC stablecoin, our custody, insurance and shipping partners, our identity-verification provider, and the hosting, email and analytics providers named in our Privacy Policy. We are not responsible for their availability, actions or terms.
12No financial advice; collectibles
Editions and artwork NFTs are offered as collectibles. Nothing on the Service is investment, legal, tax or financial advice, and we make no promise that anything you buy will appreciate, hold value or be resalable. Decide for yourself, and consult your own advisers.
13Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service, the blockchain or any smart contract will be uninterrupted, error-free or secure. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.
14Limitation of liability
To the fullest extent permitted by law, DrawADraw and its officers, directors, employees, artists and partners will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or loss of digital assets arising from your use of the Service, however caused. Our total liability for all claims relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim arose and one hundred U.S. dollars. Nothing in these Terms limits liability that cannot be limited by law, including for fraud or for a prize owed to a verified winner under a campaign’s Official Rules.
15Indemnity
You will defend and indemnify DrawADraw against claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of law or of another’s rights, or your misuse of the Service.
16Changes, suspension and termination
We may change the Service or these Terms. When we change the Terms materially we will post the new version here with a new effective date and, where we have your email, tell you; continuing to use the Service after the effective date is acceptance. Changes never alter a campaign’s Official Rules after entry opens. We may suspend or end your access for breach of these Terms or to comply with law. Sections that by their nature should survive — ownership, disclaimers, limitation of liability, indemnity, governing law — survive.
17Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service will be brought in the state or federal courts located in Delaware, and you consent to their jurisdiction. A campaign’s Official Rules may state additional dispute terms for that campaign. If any part of these Terms is found unenforceable, the rest remains in effect. These Terms, the Privacy Policy and the applicable Official Rules are the entire agreement between you and DrawADraw about the Service.
18Contact
DrawADraw Inc.
8 The Green, Ste A
Dover, Delaware 19901
hello@drawadraw.com
See also how winners are drawn, free mail-in entry, and each campaign’s Official Rules.