SuperStockJockey’s DTR Launch Challenge
Official Rules
August 16, 2012 – August 24, 2012
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
RULES UPDATED ON August 15, 2012
1. Acknowledgment:
By registering to play the DTR Launch Challenge (the “Contest”) on the SuperStockJockey Facebook app (the “app” or SSJ) and by checking the “I have read and agree to the rules of Tournament Trading’s SuperStockJockey DTR Launch Challenge” box on the contest registration page, you (“you” or “Participant”).
a. Completely release Facebook from any responsibility for your participation;
b. Acknowledge that you have read these official rules (collectively, the “Rules”), understand them and agree to be bound by all of the terms and conditions of the Rules and any amendments thereto, and by the decisions of Tournament Trading, LLC which are final and binding and are not subject to appeal.
c. Acknowledgment that SuperStockJockey DTR Launch Challenge is in no way sponsored, endorsed or administered by, or associated with, Facebook;
d. Acknowledge and understand that you are providing information to Tournament Trading’s SuperStockJockey and not to Facebook.
You further agree to waive any claim based on any alleged ambiguity or error in any Contest materials including but not limited to the Rules, the selection of the Winners or the administration of the Contest itself.
2. Eligibility Criteria:
To play:
Any Facebook user who has agreed to Facebook terms and conditions and SSJ’s terms and conditions — as well as all rules pertaining to individual challenges — may participate SUBJECT TO USER’S OWN LOCAL AND NATIONAL LAWS as well as U.S. law prohibiting participation or any use of the game by person(s) on the Specially Designated Nationals and Blocked Persons (“SDN list”), as well as citizens and residents of Burma (Myanmar), Cuba, Iran, North Korea, Sudan and Syria.
To win prizes of any kind:
You must be eligible to play SSJ (per the above rules) and must also be at least eighteen (18) years old or the age of majority in your country or state of residence, if such age of majority is greater than eighteen (18), as of August 14, 2012. The following people are not eligible to win prizes of any kind: (i) employees of Tournament Trading LLC (“Tournament Trading” or “Sponsor”), PO Box 1469 Palm Springs, CA 92263, Zero G Games, 2900 Bristol, Building E, Suite 206, Costa Mesa, CA (collectively, “Contest Entities”), and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising and promotion agencies and any other entity, if such agency or entity is involved in the development, administrative, advertising, prizing, promotion, or implementation of the Contest, (ii) immediate family members and/or household members of any person set forth in (i) above, and (iii) anyone who has been convicted of a securities-related crime or who has been fined or formally sanctioned or disciplined in any securities-related proceeding initiated by any governmental or regulatory authority (including without limitation self-regulatory entities). “Immediate family member” shall mean spouse, parents, step-parents, children, step-children, siblings and their respective spouses. “Household members” shall mean people who share the same residence at least three (3) months during the immediately prior twelve (12) month period (whether related or not).
!!!!!!!! –>>> Residents of the U.S. MUST HAVE A PAYPAL ACCOUNT to receive cash prizes or receive Amazon Gift Card of equal value.
!!!!!!!! –>>> Players residing outside the U.S. MUST HAVE A PAYPAL ACCOUNT to receive cash prizes.
The Contest is void wherever prohibited, and subject to all applicable national, federal, state and local laws and regulations.
NOTE ON PARTICIPATION:
While they may not win awards of any kind (cash, prizes, etc.), Facebook app users under 18 years of age, as well as Facebook app users affiliated with Tournament Trading LLC and/or Zero G Games, may participate and place in tournaments. Such participants FORFEIT ALL CLAIMS of receiving awards of any kind (including cash and prizes).
3. The Prizes:
1st place: $1000 USD + 1yr DTR subscription
2nd place: $500 USD + 1yr DTR subscription
3rd place: $300 USD + 1yr DTR subscription
4th place: $150 USD + 6mos DTR subscription
5th place: $100 USD + 6mos DTR subscription
6th – 10th places: $50 USD + 3mos DTR subscription
!!!! — ALL PRIZE FULFILLMENT VIA PAYPAL (U.S. AND INTERNATIONAL RESIDENTS) OR AMAZON GIFT CARD (U.S. RESIDENTS ONLY).
PRIZE LIMITATIONS, RESTRICTIONS, TERMS AND CONDITIONS:
!!!!!!!! –>>> Residents of the U.S. MUST HAVE A PAYPAL ACCOUNT to receive cash prizes or receive Amazon Gift Card of equal value.
!!!!!!!! –>>> Players residing outside the U.S. MUST HAVE A PAYPAL ACCOUNT to receive cash prizes.
All expenses, costs, fees or additional tax associated with the acceptance and/or use of PRIZES are the sole responsibility of Winners. Prizes are non-transferable and may not be redeemed for cash. By participating in the Contest and accepting a Prize, participants and Winners will be deemed to agree to these Rules. Winner is responsible for all applicable federal, state, and local income and any other taxes, fees and surcharges.
Each Winner may receive an IRS Form 1099 or Form 1042-S for the total ARV of Prizes for the calendar year in which Prize was won. Tournament Trading reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. Prizes cannot be transferred by Winners or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited. If a Prize element is not available for any reason, as determined at Tournament Trading’s discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Tournament Trading’s Prize obligation to Winner and no additional compensation will be awarded.
ARV of all prizes is: two thousand three hundred dollars (US $2300).
Restrictions Applicable to all Prizes:
In order to accept a prize, the respective winner may be required to complete any Compliance Requests made by Tournament Trading. No more than the stated number of prizes per these Rules will be awarded.
Each Winner is responsible for the payment of all taxes attributable to his/her respective Prize, as applicable. All other expenses and incidentals not specified herein are the sole responsibility of the Winner. No substitution, transfer, or cash equivalent will be awarded for any prize, except that Tournament Trading may substitute a prize of comparable or greater value for any reason. Prize and prize notification will be shipped to a U.S., U.K. or Australian address only. Any depictions of prizes are for illustrative purposes only.
All prizes will be determined by Tournament Trading in its sole discretion. Prizes are not transferable or redeemable for cash. Tournament Trading is not responsible for prize utility, quality or otherwise. In the event that all or part of any prize is unavailable for any reason, Tournament Trading may substitute all or part of another prize of comparable value, to be determined by Tournament Trading in its sole and absolute discretion.
4. Summary of Contest
The Contest is a simulated equity trading game that provides Participants with a fictional trading account (“Portfolios”), one hundred thousand (100,000) fictional U.S. dollars (“SuperStockJockey Dollars”SSJD”) per Portfolio, and the fictional ability to trade individual stocks (ONLY THE FOLLOWING FOUR SECURITIES — CSCO, AMAT, NTAP & AAPL — in this contest) on the NYSE, NASDAQ and AMEX exchanges. Participants can compete in the Contest by creating a Portfolio to compete against all other Portfolios. At the conclusion of the Contest (the duration of which is set forth in Section 7 below), the Participants with the top ten valued individual Portfolio will be declared the Top Ten winners and may be announced (where permitted by law) and shall be awarded prizes (see Section 16). For a detailed explanation of portfolio valuation, see below. Specific details regarding Prizes are set forth in Rules 14-16. The potential Winner of the Grand Prize may be announced (where permitted by law). By way of clarification, potential Winners will be determined on the basis of the performance of a single Portfolio. Each Participant can win no more than one (1) Prize. If a Participant has more than one (1) Portfolio, only the highest scoring Portfolio created by that Participant will be eligible to win.
5. Duration of Contest:
The Contest will begin on August 15, 2012 at 9:00 AM ET and end on August 24, 2012 at 4:00 PM ET (the “Contest Term”). All times listed in these Rules will be U.S. Eastern Standard Time / U.S. Eastern Daylight Standard Time (“ET”). You should check your local time zone in relation to Eastern Standard Time / Eastern Daylight Standard Time.
6. Entry:
Participants must first have agreed to the permissions required to add SuperStockJockey Facebook app and have added that app in order to play the Contest and must create a DTR Launch Challenge Portfolio to participate in the Contest. By adding the Super Stock Jockey app, you agree to the Terms of Service and Privacy Policy thereof, and such Terms of Service and Privacy Policy are incorporated by reference into these Rules. Participants are responsible for maintaining the security of their Facebook account information and password. Entry is free. Any attempt (successful or unsuccessful) by any Participant to enter multiple times by any means, including but not limited to through the use of multiple Facebook profiles, as determined by Tournament Trading in its sole discretion, may result in disqualification of all accounts and Portfolios submitted by that Participant.
By entering, you agree that Tournament Trading may disclose (where permitted by law) your first name, last name, city, state and country of residence, at any time during the course of, or after, the Contest, at the discretion of Tournament Trading. If you upload your photo, you agree that it shall only be a photo of you, for which you own the copyright, and you further agree that Tournament Trading shall have the right (where permitted by law) to use such photo on-air on Tournament Trading, on the App, or in any other medium, in connection with the Contest. You agree that any information transmitted to the App in connection with the Contest is not confidential and may be used in accordance with the terms of Tournament Trading.com’s Privacy Policy. You agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Contest.
7. Portfolios:
Each Participant may create one (1) Portfolio in the Contest. Each Portfolio will compete individually against all other Portfolios registered for the Contest.
Each Portfolio begins the Contest with one hundred thousand (100,000) SSJD to create and manage a fictional portfolio of NYSE, NASDAQ and/or AMEX-traded Equities (the “Equity Account”). ONLY THE FOLLOWING FOUR SECURITIES — CSCO, AMAT, NTAP & AAPL — are eligible for trading in the Contest. SSJD cannot be exchanged for real currency and have no cash value.
8. Determination of Winners
The Participant with Portfolio with the highest value at the end of the Contest (“The Winner”) will be awarded First Place (see #3), subject to confirmation of eligibility. The Participant who has the Portfolio with the second highest value at the end of the Contest (“Second Place Winner”) will be awarded the Second Place Prize, subject to confirmation of eligibility. The Participant who has the Portfolio with the third highest value at the end of the Contest (“Third Place Winner”) will be awarded the Third Place Prize, subject to confirmation of eligibility. The Participant who has the Portfolio with the fourth highest value at the end of the Contest (“Fourth Place Winner”) will be awarded the Fouth Place Prize, subject to confirmation of eligibility. The Participant who has the Portfolio with the fifth highest value at the end of the Contest (“Fifth Place Winner”) will be awarded the Fifth Place Prize, subject to confirmation of eligibility. Participants with the 5th – 10th highest Portfolio valuations will be ranked and awarded 5th – 10th place prizes (See Rule 12 for a full description of the Contest ending calculation process and tie breakers).
9. Equity Trading:
ONLY THE FOLLOWING FOUR SECURITIES — CSCO, AMAT, NTAP & AAPL — are eligible for trading in the Contest. Tournament Trading reserves the right to suspend trading due to unusual trading situations, computer system errors or situations beyond the control of the Contest. Participants will be able to enter pending trades into a queue during times that each market is closed (“After-Hours”). All orders submitted After-Hours will be executed once the respective market opens at the first “last sale” price when that market opens. Participants can not have more than one pending trade in pending trade status.
Regardless of whether an actual Equity is priced in U.S. Dollars, Australian Dollars or British Pounds, all Equity trades are priced and executed in U.S. dollars, based on the exchange rate provided by FXCM at the time of the trade. The FXCM exchange rate is refreshed by FXCM every ten (10) seconds.
Equity trades are entered on the App by clicking on the “Add to Portfolio” button in the ”Portfolios” section then entering the ticker symbol of the equity you would like to trade then select trade type and the desired number of shares (in whole numbers) and then complete by clicking Sell Short or Buy. A trade is defined as the Participant’s submitting of the trade type, symbol and number of shares, which results in the purchase of the stock for SSJD or the sale of stock for SSJD. Submitting a trade order with the trade type, symbol and number of shares in your Equity Portfolio, whether a buy or sell trade type, will result in the purchase or sale of the stock. Portfolio shares must be requested in whole numbers. If a Portfolio does not have enough SSJD available to purchase the Equity, the trade will not be executed.
If, for any trading day, no trades are submitted for a particular Equity, the number of shares of such Equity held by the Portfolio will not be changed, although the percentage value of that Equity compared to the Portfolio’s aggregate value (the “Portfolio Percentage”) of such Equity may change due to the value of such Equity in relation to the overall value of the Portfolio’s Equity Account.
Participants can submit equity trades seven (7) days per week, at any time except during the period each trading day, if any, when maintenance is being performed on the App. All trades for a particular Equity will be executed at the next “last sale” price. It is possible that submitted trades may not be executed for extended periods due to the lack of an actual trade of such Equity in the real market. During after-hours for each exchange, Participants will not have the ability to prioritize equity trades submitted into their queue. Trades will be executed based on the timing of the underlying trade event – not based on the order of the pending trades within the queue.
If a Participant submits an Equity trade that is deemed inappropriate or in any way not in compliance with the letter and/or spirit of these Rules, as determined by Tournament Trading in its sole discretion, such trade will not be processed. If a Participant submits a buy trade and the Portfolio’s Equity Account does not have enough available cash SSJ Bucks to purchase the number of entered shares, the trade will not be made. Pending Equity trades submitted during after-hours cannot be cancelled prior to the opening of the respective Equity’s market. It is each Participant’s responsibility to review the “Trades” section of the App for each of his/her Portfolios and confirm that all submitted Equity trades have been executed by the App. The Contest will not recognize any attempted trades that have not been submitted through the normal internet browser environment of the App and executed by the App, and Tournament Trading shall have the right, in its sole discretion, to disqualify any Participant who makes or attempts to make any such trades. Tournament Trading shall have the right, in its sole discretion, to disqualify any Participant who attempts (successfully or unsuccessfully) to enter, change or delete a trade retroactively.
10. Pricing of Trades:
Equity trades submitted on equity trading days (Monday through Friday, other than market holidays) will be priced and executed in real-time, based on pricing information provided to Tournament Trading by NYSE, NASDAQ, and AMEX, Equity trades submitted on weekends, market holidays and after during after-hours on equity trading days will be priced at the Equity’s first last-sale price for the next trading day for that exchange. For purposes of this Contest, the real-time pricing is the next last-sale price reported. The official time for all equity trades will be determined in accordance with NASDAQ’s internal clock.
ONLY EQUITIES VALUED AT OR ABOVE $5 MAY BE TRADED.
All equity pricing information is received from NASQAQ and Tournament Trading is not responsible for the accuracy of such data. All equity prices are an approximation of market value at the approximate time each trade is executed. There is no guarantee that the price at which a Participant buys or sells an Equity will match any other price that may be found outside of the Contest. All prices are final. Participants will not be permitted to dispute any price at which their trade is executed even if such price resulted from an error in pricing information.
In the event that one or more Portfolios is impacted by an incorrect price or Tournament Trading’s suspicion of inappropriate behavior by a Participant (a “Bad Trade”), all subsequent trades within any such Portfolio will be subject to review and possible retroactive adjustment by Tournament Trading, including, without limitation, reversing such subsequent trades, as determined by Tournament Trading in its sole discretion.
11. Portfolio Valuation:
Each Portfolio’s value will be in real-time, based on prices provided to the App by NASDAQ, plus any un-invested cash SSJ Bucks balances. Each Portfolio’s total value is the sum of the Equity Account as of 16:00:00 ET on each equity-trading day.
12. Prize Winners:
After U.S. Equity trading closes on August 24, 2012, and all App maintenance is performed and (subject to confirmation of eligibility and compliance with these Rules), and all corrections (if any) are made, the Portfolios with the 10 highest valuations will be declared the potential Winners with rankings from #1 to #10 and the Participants who created such Portfolios will be entitled to receive the corresponding Prizes, as described below, subject to confirmation of eligibility. In the event of a tie, the Winner will be determined using the following tiebreakers within and among all tied Portfolios, until ties are broken based on a fair solution to be determined by Tournament Trading.
Winning any prize in the Contest is subject to meeting all eligibility requirements and full compliance with these Rules and any other Contest rules and regulations that may be posted on the App by Tournament Trading.
Winners who earn more than $600 (U.S.) in any one calendar year must complete and return IRS form W-9 to support@tournamenttrading.com.
13. Winner Notification; Confirmation of Eligibility:
After the conclusion of the Contest, the Winners will be notified in person or by phone or email and/or mail. The Winners (collectively, the “Winners”) may, at Tournament Trading’s discretion, be required within forty-eight (48) hours of notification to (i) return to Tournament Trading or representatives of Tournament Trading an affidavit of eligibility and liability, including evidence of age and residence, and a publicity release, unless prohibited by law (collectively, the “Affidavit/Release”), (ii) provide a recent photo of the Participant and a completed and signed questionnaire (the “Photo/Questionnaire”), (iii) provide to Tournament Trading a true and complete copy of all of such Winner’s brokerage statements and related trading records such as confirmations, covering the term of the Contest (the “Brokerage Statements” and together with the Affidavit/Release and the Photo/Questionnaire, the “Required Documentation”), (iv) provide a valid passport or a U.S., UK or Australian government-issued driver’s license (at Tournament Trading’s discretion) confirming eligibility criteria herein and (iv) cooperate and comply with all other requests made by Tournament Trading or its representatives for the purpose of confirming such Winner’s eligibility and/or compliance with the Contest’s Rules and applicable laws (the “Compliance Requests”), which will be determined solely by Tournament Trading, in its discretion (collectively, “Contest Documents”). If any potential Winner cannot be reached after two (2) attempts by Tournament Trading or its representatives, is found to be ineligible by Tournament Trading for any reason, cannot or does not comply with these Rules, does not honestly, accurately and fully complete and return the Contest Documents within the designated time period, or if any or prize or prize notification sent to a Potential Winner is returned as undeliverable, that potential Winner may be disqualified and an alternate potential Winner may be designated. If any Winner is found to be ineligible, or if such Winner has not complied with these Rules, at any time during or after the Contest, such Winner may be disqualified from the Contest.
Participants that Tournament Trading, in its sole discretion, deems to have a reasonable possibility of becoming a Winner may be required to comply with the Compliance Requests for purposes of verifying the Participant’s eligibility and compliance with the Rules. If any such Participant does not honestly, accurately and fully cooperate and comply with the requested Compliance Requests by forty-eight (48) hours after notification by Tournament Trading, is deemed ineligible for any reason or is suspected of violating the Rules or any other Tournament Trading rules, in each case as determined by Tournament Trading in its sole and absolute discretion, such Participant may be disqualified from the Contest.
At any time and from time to time during the Contest, Tournament Trading, in its sole discretion, may require certain Participants to comply with the Compliance Requests for purposes of verifying the Participant’s eligibility and compliance with the Rules. If any such Participant does not honestly, accurately and fully cooperate and comply with the requested Compliance Requests within seven (7) days of attempted notification by Tournament Trading, is deemed ineligible for any reason or is suspected of violating the Rules or any other Tournament Trading rules, in each case as determined by Tournament Trading in its sole and absolute discretion, such Participant may be disqualified from the Contest.
14. Contest Modification:
By entering the Contest, you agree not to make any claim, and to waive any right make a claim, based on any alleged ambiguity or error in these Rules, the selection of the Winners and/or the administration of the Contest itself, and agree to be bound by these Rules and by all decisions of Tournament Trading, which are binding and final. Failure to comply with these Rules may result in disqualification from this Contest as determined by Tournament Trading in its sole discretion. Tournament Trading reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason including, without limitation, if (i) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest; or (ii) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
Tournament Trading and its representatives reserve the right to make changes to the App, any elements of this Contest, or the Rules at any time with or without notice. Tournament Trading further reserves the right to terminate, postpone, suspend, amend or modify the Contest for any reason, in the sole discretion of Tournament Trading. Notice of such cancellation, modification, or suspension will be posted on the App. Tournament Trading may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Tournament Trading, or Tournament Trading’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
15. Ownership of Content:
The Contest and the App, including the artwork, graphics, music and other components included therein (the “Content”), is protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. Tournament Trading retains all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to the Content or otherwise residing within the App.
16. Participant Behavior:
Tournament Trading reserves the right to disqualify any Participant who acts or is suspected of acting irresponsibly or inappropriately, or otherwise in violation of these Rules, in playing the Contest, as determined by Tournament Trading, in its sole discretion. Although all trading in the Contest is fictional, Participants must engage in trading activity that fully complies with all federal and state securities laws (including, without limitation, insider trading), as if they were trading actual equities or currency pairs, as applicable. Participants must comply with all federal, state and local laws (including without limitation securities laws) in connection with their participation in the Contest. Use of any automated system (e.g., robots, scripts, automatic, macro, programmed or like methods) is prohibited. Any attempt (successful or unsuccessful) by any individual to register more than once, or to create more one (1) $ DTR Launch Challenge Portfolios, in any manner, including without limitation by use of an automated system or by using multiple/different email addresses, home addresses, telephone numbers, identities or any other methods, as determined by Tournament Trading in its sole discretion, may result in the disqualification of that individual, as determined by Tournament Trading in its sole discretion. Entry materials/data that have been tampered with or altered are void. Tournament Trading reserves the right to terminate Contest participation by, and to disqualify, any Participants suspected of cheating or attempted cheating, suspected of attempting to exploit the Contest or suspected of any other inappropriate behavior (including, without limitation, suspicion of market manipulation). All such action will be determined by Tournament Trading in its sole discretion. The determination to disqualify any Participant may be made at any time during or after the Contest even if the Winner has been announced; in the event that such action occurs after a Prize has been awarded, Tournament Trading may require the Participant to return the Prize. The decision of Tournament Trading on all such matters shall be final and binding.
17. Performance of App:
Neither Tournament Trading nor Facebook is liable for any delay or failure of the App or the Contest to perform. There is no guarantee that Participants will be able to access the App whenever and wherever they want. There may be extended periods of time when Participants cannot access the App. Heavy App activity may affect Participants’ access to the App. No corrections or adjustments will be made for trades, attempted trades, or missed trades affected by the operation or downtime of the App. The Contest will not recognize attempted trades that were not processed by the App.
18. No Investment Advice:
You understand and agree that the Contest, Tournament Trading and Facebook do not recommend any security, financial product or instrument, nor does any mention of a particular security on the App constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You understand and agree that neither the Contest, Tournament Trading nor Facebook provide tax, legal or investment advice. You understand and agree that the Contest, Tournament Trading and Facebook do not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You understand and agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. You understand and agree that any content posted on a message board accessed via the App is not connected with Tournament Trading and is only the opinion of the person posting such content.
19. Governing Law:
THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK.IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
20. Disclaimer:
By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on WebApp and the use by Released Parties of such name, city, state, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion. Released Parties assume no responsibility for any injury or damage to Participant’s or to any other person’s computer relating to or resulting from this Contest. None of Facebook , Tournament Trading or its vendors responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these Rules, for any human or electronic error, including but not limited to, the administration of this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late, damaged, or postage due. Any attempt (successful or unsuccessful) by a Participant or any other individual to deliberately damage any online service or Web App or undermine the legitimate operation of the Contest or the App is a violation of criminal and civil laws and should such an attempt be made, Tournament Trading reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Participants agree to indemnify, defend and hold harmless Tournament Trading and its parent companies, affiliates, employees, officers, directors, agents, prize providers, sponsors and vendors from and against any liabilities, actions, claims, demands, losses or damages (including without limitation attorneys’ fees) caused by or arising out of any material such Participant contributes to any message board accessed via the App.
21. General:
The Contest is for entertainment purposes only. Use of the App is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of Tournament Trading. Data provided on the App may be delayed as specified by financial exchanges information providers. Tournament Trading and its vendors furnish the information available on this App without responsibility for accuracy and Participants agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. Tournament Trading and its vendors believe their data and text services to be reliable, but accuracy is not warranted or guaranteed.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Facebook, Tournament Trading AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND TITLE AND NON-INFRINGEMENT. Facebook, Tournament Trading AND ITS VENDORS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE App OR THE CONTEST IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.
IN NO EVENT SHALL Facebook, Tournament Trading, ITS PARENT ENTITIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, VENDORS OR AGENTS BE HELD LIABLE TO A PARTICIPANT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED (INCLUDING NEGLIGENCE OR PERSONAL INJURY), OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE App OR THE CONTEST, ON ANY THEORY OF LIABILITY, WITHOUT LIMITATION, EVEN IF ANY SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Facebook’s, Tournament Trading’S AND ITS VENDORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF ANY KIND OF LEGAL CLAIM WITH RESPECT TO THIS AGREEMENT EXCEED THE AMOUNT A PARTICIPANT ACTUALLY PAID FOR THE USE OF THE App. EACH PARTICIPANT AGREES TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST Tournament Trading OR ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS OR AGENTS TO ENFORCE THE TERMS HEREIN; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE Facebook, Tournament Trading OR ITS VENDORS FROM SEEKING ANY INJUNCTIVE RELIEF.
22. List of Winners:
For a list of Winners email support@tournamenttrading.com or mail a self-addressed stamped envelope to Tournament Trading, LLC, PO Box 1469 Palm Springs, CA 92263 . Such requests must be received by no later than sixty (60) days following the announcement by Tournament Trading of Winners.
