Funko POP! Mystery 1-of-1 Program Terms

IMPORTANT DISPUTE RESOLUTION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THE FUNKO.COM TERMS AND CONDITIONS AT HTTP://FUNKO.COM/TERMS-AND-CONDITIONS/TERMS-CONDITIONS.HTML, WHICH ARE INCORPORATED INTO THESE TERMS BY REFERENCE.

These Funko Pop! Mystery 1-of-1 Program Terms (“Terms”) govern the opportunity offered by Funko (“Funko,” “Company,” “we,” “our,” or “us”) to purchase a Pop! Mystery figure (“Pop! Mystery Figure”). When you purchase a Pop! Mystery Figure, you will receive either a 1-of-1 collectible Pop! (“1-of-1 Pop!” or “1-of-1 Pops!”) or a standard Pop! If you receive a 1-of-1 Pop!, you may choose to participate in Funko’s optional buyback offer. By submitting a buyback application or otherwise participating in the Program, you agree to these Terms and the Funko.com Terms and Conditions. In the event of any conflict or inconsistency between these Terms and the Funko.com Terms and Conditions, the Funko.com Terms and Conditions shall control to the extent of the conflict or inconsistency, including with respect to arbitration, class action waiver, governing law, and venue provisions.

1. Program Overview

Funko has produced a limited number of 1-of-1 Pops! as part of the Pop! Mystery Figure product line. Every Pop! Mystery Figure includes a unique QR code. Customers must scan this QR code to verify whether their purchased Pop! Mystery Figure is a designated 1-of-1 Pop! or a standard Pop! figure.

A 1-of-1 Pop! is a collectible Pop! to which Funko has assigned a buyback value of Ten Thousand U.S. Dollars (US$10,000), subject to verification, authentication, compliance with these Terms, and completion of the buyback transaction.

The program is a voluntary commercial purchase program under which owners of verified 1-of-1 Pops! may elect to sell their 1-of-1 Pops! to Funko (the “Program”). Participation is optional. Ownership of a 1-of-1 Pop! does not obligate the owner to sell the 1-of-1 Pop! to Funko, and Funko does not acquire any ownership interest in a 1-of-1 Pop! unless and until a buyback transaction is completed.

2. Eligibility

To participate, you must:

• (a) be at least eighteen (18) years old or the age of majority in your jurisdiction, whichever is greater;
• (b) lawfully own and possess a qualifying 1-of-1 Pop!;
• (c) satisfy all verification, documentation, tax, and legal compliance requirements established by Funko (including, without limitation, Funko’s sole discretion to determine compliance with U.S. Office of Foreign Assets Control (OFAC) sanctions and anti-money laundering regulations); and
• (d) not be a resident of Cuba, Iran, North Korea, Syria, Ukraine (Crimea, Donetsk, and Luhansk regions only), Russia, Belarus, Venezuela, Myanmar, Sudan, Nicaragua, or any country, state, province, or territory subject to comprehensive, geographic, or otherwise applicable U.S. economic or trade sanctions administered by OFAC.

The Program is void in Italy and any other jurisdiction where prohibited by law.

3. Buyback Period

Buyback applications must be submitted no later than 11:59 p.m. Pacific Time on December 31, 2027.

1-of-1 Pops! for which a completed application has not been submitted by that deadline will no longer be eligible for participation in the Program.

4. 1-of-1 Pop! Identification

To determine whether a Pop! Mystery Figure qualifies as a 1-of-1 Pop!, the owner must scan the QR code included with the Pop! Mystery Figure and follow the instructions provided by Funko.

The QR code submission process serves solely as a product identification and verification mechanism. Identification of a 1-of-1 Pop! does not itself constitute completion of a buyback transaction and does not guarantee payment.

Funko may invalidate any QR code, identifier, or submission that has been altered, duplicated, tampered with, fraudulently obtained, or otherwise compromised.

5. Buyback Process

To initiate a buyback transaction, an eligible owner must complete the online buyback application, including by providing any information and supporting documentation further requested by Funko.

If a submission is preliminarily approved, Funko will provide the eligible owner with a shipping label and instructions for shipment of the 1-of-1 Pop! to Funko for authentication and inspection.

The participant bears the risk of loss until the 1-of-1 Pop! is received by Funko unless Funko expressly provides otherwise.

6. Verification and Authentication

All 1-of-1 Pops! submitted under the Program are subject to authentication and verification by Funko. As part of this process, Funko may review QR code information, ownership and identity information, the condition and authenticity of the 1-of-1 Pop!, and any other information or materials Funko reasonably requests to verify eligibility, ownership, authenticity, or compliance with these Terms.

Funko may reject any submission if it determines that: (a) the 1-of-1 Pop! is not authentic; (b) ownership cannot be verified; (c) the 1-of-1 Pop! has been materially altered, tampered with, or damaged; (d) submitted information is inaccurate, misleading, or incomplete; (e) fraud, misconduct, or abuse is suspected; or (f) the participant has failed to comply with these Terms.

Funko's determinations regarding authenticity, ownership, eligibility, compliance with these Terms, and qualification for payment shall be final and binding.

7. Purchase Price and Completion of Sale

Upon successful verification of a qualifying 1-of-1 Pop! and compliance with these Terms, Funko will purchase the 1-of-1 Pop! for US$10,000.

Completion of the transaction is conditioned upon: (a) authentication and acceptance of the 1-of-1 Pop! by Funko; (b) receipt of any information, documentation, and tax forms reasonably requested by Funko; and (c) delivery of the 1-of-1 Pop! to Funko in accordance with its instructions.

The US$10,000 payment constitutes the full purchase price for the 1-of-1 Pop! Following completion of the transaction, the participant shall retain no ownership or other proprietary interest in the 1-of-1 Pop!

Payment may be made by wire transfer, check, or another payment method selected by Funko and may be subject to reasonable verification, tax compliance, banking, and administrative processing requirements.

If Funko determines that a submitted 1-of-1 Pop! does not satisfy the requirements of the Program, Funko may reject the transaction and return the item to the participant at the participant's expense, unless otherwise required by applicable law.

8. Publicity Rights

As a material condition of receiving the US$10,000 purchase price, each participant whose 1-of-1 Pop! is purchased by Funko grants to Funko and its affiliates, successors, licensees, and assigns a perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, reproduce, publish, distribute, display, modify, and otherwise exploit the participant's name, image, likeness, voice, biographical information, statements, photographs, videos, social media content, and information regarding the 1-of-1 Pop!, the buyback transaction, and the participant's experience with the Program (collectively, "Publicity Materials") for advertising, marketing, publicity, promotional, commercial, and other lawful business purposes in any media, without further notice, approval, or compensation except where prohibited by law.

The participant acknowledges that the rights granted under this Section are a material part of the consideration for Funko's purchase of the 1-of-1 Pop!

The participant represents and warrants that any Publicity Materials provided to Funko may be used in accordance with these Terms and that the participant possesses all rights, permissions, and consents necessary to grant such rights.

Participants who possess a 1-of-1 Pop! but do not sell it to Funko are not required to grant publicity rights under this Section. Any marketing participation by such individuals shall be voluntary and subject to separate consent.

9. Tax Reporting and Withholding

Participants are solely responsible for any taxes arising from the sale of a 1-of-1 Pop! As a condition of payment, participants must provide any tax forms or other documentation reasonably requested by Funko, including IRS Form W-9 or W-8, as applicable. Funko may withhold taxes, report transaction information, and issue tax reporting forms as required by law. Failure to provide requested tax documentation may result in delayed payment, withholding, rejection of the transaction, or cancellation of the claim.

10. Representations and Warranties

By participating in the Program, you represent and warrant that: (a) you are the lawful owner of the 1-of-1 Pop! and have full authority to transfer it to Funko; (b) the 1-of-1 Pop! was lawfully obtained and is not counterfeit, stolen, altered, or subject to any lien, claim, or encumbrance; (c) all information and materials provided to Funko are true, complete, and accurate; (d) your participation complies with applicable law; and (e) you possess all rights, permissions, and consents necessary to grant the rights provided under these Terms.

11. Fraud and Misconduct

Funko may reject, suspend, terminate, invalidate, or recover payment for any submission if it determines that the participant has provided false, misleading, incomplete, or fraudulent information, tampered with a 1-of-1 Pop! or related materials, attempted to submit multiple claims relating to the same 1-of-1 Pop!, obtained a 1-of-1 Pop! through unlawful means, or otherwise violated these Terms or applicable law.

If Funko determines that payment was issued based on fraudulent, inaccurate, or improperly obtained information, Funko may recover the payment, seek return of the 1-of-1 Pop!, and pursue any other available remedies.

12. Indemnification

You agree to indemnify and hold harmless Funko and its affiliates, officers, directors, employees, agents, successors, and assigns from any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your violation of applicable law, your ownership or transfer of a 1-of-1 Pop!, or any materials provided by you in connection with the Program.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNKO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PROGRAM OR ANY BUYBACK TRANSACTION. FUNKO’S AGGREGATE LIABILITY ARISING FROM ANY CLAIM RELATING TO THE PROGRAM SHALL NOT EXCEED US$10,000. THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANTS WAIVE AND RELEASE ANY CLAIMS ARISING FROM FUNKO’S GOOD-FAITH AUTHENTICATION, OWNERSHIP, ELIGIBILITY, COMPLIANCE, OR VERIFICATION DETERMINATIONS MADE IN CONNECTION WITH THE PROGRAM.

14. Privacy

Information collected in connection with the Program will be processed in accordance with Funko’s Privacy Policy available at https://funko.com/privacy-policy/privacy-policy.html, except to the extent additional rights are granted pursuant to Section 8.

15. Governing Law and Disputes

Any dispute arising out of or relating to the Program is subject to the dispute resolution provisions, including the arbitration agreement and class action waiver, contained in the Funko.com Terms and Conditions, which are incorporated herein by reference and available at https://funko.com/terms-and-conditions/terms-conditions.html.

To the extent a dispute is not subject to arbitration or otherwise may properly be brought in court, the parties agree that such proceeding shall be brought exclusively in the state or federal courts located in King County, Washington, and each party consents to the jurisdiction and venue of those courts, except to the extent prohibited by applicable law.

16. General Terms

Funko reserves the right to modify, suspend, or terminate the Program as reasonably necessary to address fraud, technical issues, legal compliance concerns, operational requirements, or circumstances beyond Funko’s reasonable control. Any such modification, suspension, or termination will not affect a buyback transaction for which payment has already been issued.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Sections 8 (Publicity Rights), 9 (Tax Reporting and Withholding), 10 (Representations and Warranties), 12 (Indemnification), 13 (Limitation of Liability), 15 (Governing Law and Disputes), and any provision that by its nature should survive, shall survive completion of any buyback transaction and termination of the Program. These Terms supplement the Funko.com https://funko.com/terms-and-conditions/terms-conditions.html and together constitute the entire agreement between Funko and participants regarding the Program.