Important: Please read these Official Rules before entering this Sweepstakes (the “Sweepstakes”).By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sweepstakes void where prohibited by law. Subject to applicable federal, state, provincial and local laws.
The Sweepstakes is open only to legal residents of: (1) the 50 United States or District of Columbia; or (2) the provinces and territories of Canada (excluding Quebec) who (3) are at least 18 years old (or the age of majority in their jurisdiction, whichever is older) at the time of entry; and (4) have an ethereum account.
Directors, officers, members, managers, and employees of Totle, Inc. (“Sponsor”), and any of its respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
The Sweepstakes Submission Period starts at 12:00:00 a.m. (UTC) on December 5, 2017 and ends at 11:59:59 pm (UTC) on December 11, 2017 (the “Sweepstakes Submission Period”) with week and daily winners awarded as set forth in Section 5. The Week Sweepstakes Period starts at 12:00:00 a.m. (UTC) on December 12, 2017 and ends at 11:59:59 pm (UTC) on December 18, 2017 (“Week Sweepstakes Period”). All Portfolios (defined below) must be received during the Sweepstakes Submission Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes.
To enter, complete the steps as instructed for any one of the following methods of entry during the Sweepstakes Period:
Limit: FIVE PORTFOLIOS PER ACCOUNT DURING SWEEPSTAKES SUBMISSION PERIOD. LIMIT ONE ACCOUNT PER PERSON. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
By following the instructions above to create a Portfolio, you agree that your Portfolio conforms to these Official Rules and that you only have one account. Sponsor may choose to remove any Portfolio or disqualify you from the Sweepstakes if it believes that your Portfolio fails to conform the Official Rules.
If participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers, and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
All Portfolios must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the account on which the Portfolio submission is made. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
Three daily and three week prizes will be awarded based on the performance of the Portfolios.
Daily Prize: Every day, beginning on December 12, 2017 and ending on December 18, 2017, the Portfolios will be monitored to determine the three cryptocurrency Portfolios with the highest percentage growth from the start of the day to the end of the day (12:00:00 a.m. UTC to 11:59:59 p.m. UTC). Beginning on December 12, 2017, each of the three daily winners from the previous day will receive their prize in their ethereum account, calculated for their USD equivalence as of 12:00:00 a.m. UTC on the day following the day for which they have been selected as a winner (e.g., 12:00:00 a.m. UTC on December 13 for the December 12 prize period), as set forth in Section 6. LIMIT: One prize per Portfolio per day.
Week Prize: The three Portfolios with the highest percentage growth in the cryptocurrency portfolio from the start to the end of the Week Sweepstakes Period will each receive a prize in their ethereum account, calculated for their USD equivalence as of 12:00:00 a.m. UTC on the day following the end of the Week Sweepstakes Period (December 18, 2017) as set forth in Section 6. LIMIT: One weekly prize per Portfolio during the Week Sweepstakes Period.
Tiebreaker: If any Portfolios are tied for the amount of growth, the tiebreaker will be the Portfolio with the single cryptocurrency with the highest amount of growth during the applicable period.
Each potential winner will be notified via email and the prize deposited in their ethereum account if they have been selected as a potential winner of a prize. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within five days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize, or otherwise request verification information from potential winner. Sponsor will verify that the ethereum account of each potential winner is valid and complete, and accounts with invalid ethereum addresses will result in the prize being forfeited and awarded to an alternate winner. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within five days, such as the Affidavit of Eligibility and Liability/Publicity Release, tax forms, or verification requests; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only three alternate winners will be selected for each prize, after which the remaining prizes will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED. ADDITIONALLY, IF THE SELECTED ENTRANT IS LOCATED IN CANADA, SUCH ENTRANT MUST FIRST CORRECTLY ANSWER WITHOUT ASSISTANCE, A MATHEMATICAL SKILL-TESTING QUESTION IN ORDER TO BE DECLARED THE PRIZE WINNER.
Daily Winners: The three Portfolios with the most percentage growth each day as set forth in Section 5 will receive the following based on their order of growth: (1) Grand Prize of $100USD in ethereum; (2) Second Prize of $75USD in ethereum; and (3) Third Prize of $50USD in ethereum. Ethereum/USD equivalence will be measured at 12:00:00 a.m. UTC the following day as set forth in Section 5.
Week Winners: The three Portfolios with the most percentage growth during the Week Sweepstakes Period as set forth in Section 5 will receive one of the following based on their order of growth: (1) Grand Prize of $500USD in ethereum; (2) Second Prize of $250USD in ethereum; and (3) Third Prize of $100USD in ethereum. Ethereum/USD equivalence will be measured at 12:00:00 a.m. UTC the day following the Week Sweepstakes Period as set forth in Section 5.
Total Approximate Value of all prizes: $2,200
Prize Restrictions: ALL FEDERAL, PROVINCIAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes.
The prizes are awarded “AS IS” and WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, express, implied or statutory (including any implied representation, warranty or condition of merchantability or fitness for a particular purpose).
Sponsor, and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Release Parties’ reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
By entering the Sweepstakes, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes.
For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after December 19, 2017 and before December 18, 2019 to the address listed in Section 15 below, Attn: Totle Portfolio Tournament Sweepstakes. To obtain a copy of these Official Rules, visit https://www.totle.com/tournament/betatourney-20171205 or send a stamped, self-addressed business-size envelope to the address listed in Section 15 below, Attn: Totle Portfolio Tournament Sweepstakes. VT residents may omit return postage.
TOTLE and other Totle trademarks are trademarks of Totle, Inc. The Sweepstakes and all accompanying materials are copyright © 2017 by Totle, Inc. All rights reserved.
EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN OR THE APPROPRIATE STATE COURT LOCATED IN OAKLAND COUNTY, MICHIGAN. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Sweepstakes. Any attempt by an entrant or other individual to deliberately damage any website associated with this Sweepstakes or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil law and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
Totle, Inc., 260 E. Brown St. Suite 200, Birmingham, MI 48009.
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