THE MARKET
BallStreet Trading, Inc.’s free-to-trade “The Market” promotion.
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS PERMITTED OR NECESSARY TO PARTICIPATE. ALL GAME CURRENCY IS VIRTUAL, NON-TRANSFERABLE, CANNOT BE PURCHASED AND HAS NO CASH VALUE. USERS CANNOT WAGER ANY ACTUAL CURRENCY OR THING OF VALUE.
These Official Rules govern the relationship between any person who uses ("User") the BallStreet Trading simulated sports exchange ("The Market"), including any eligible participant ("Participant") in BallStreet Trading’s "The Market" promotion (the "Promotion"), the operator of The Market and the Promotion, BallStreet Trading, Inc. ("Operator"), and the Sponsors of the Promotion ("Sponsor") as noted below.
1. Introduction: The Promotion gives Participants the opportunity to win digital gift card credits as defined below (“Winner Prizes”), subject to restriction on transfer as defined below. Winner Prizes must be claimed and redeemed inside the defined claimable period (“Claimable Period”) as defined below. Participants can win Winner Prizes by realizing a virtual profit as defined on a per contest basis compared to all other Participants. The Market is a peer-to-peer virtual market where Users can buy, sell, and trade simulated shares on real sporting events with other Users.
The Market is available at https://ballstreettrading.com or via mobile application "BallStreet Trading".
Eligibility: The Promotion is open to natural persons who are at least eighteen (18) years of age at the time of entry and reside in the United States of America, Canada, The United Kingdom, and Ireland. The Promotion is limited to 1.0 Million Participants. You must meet all eligibility requirements in order to receive a prize. Persons not eligible to be a Participant may still use The Market for recreation, but will not be eligible to win any prize or redeem any Winner Prizes. An Internet connection is required and connection fees may apply. The Market application will be conducted in English.
The Promotion is void where prohibited. The Promotion is NOT open to legal residents of and is specifically void in the following state; Washington (U.S.), U.S. territories, (e.g., Puerto Rico and Guam), the province of Quebec (Canada), territories of Yukon, Northwest Territories and Nunavut (Canada).
Employees of the Operator and the Sponsors (or their subsidiaries, affiliates and agents) and their immediate family are ineligible to win any prize or redeem any Winner Prizes.
Agreement to Official Rules: Participation in the Promotion or using The Market constitutes User's full and unconditional agreement to, and acceptance of, these official rules ("Official Rules") and the Operator's decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules will be posted online at: https://ballstreettrading.com/themarketrules.
Rules of Play:
To participate in the Promotion or to use The Market, Users must register for a BallStreet Trading account. Users may only open one BallStreet Trading account. The creation or access to multiple accounts will result in disqualification, forfeiture of any prizes, and banning of said accounts from all future BallStreet Trading contests.
After registration, a User's BallStreet account will be given access to each of the contests being conducted as part of the Promotion.
For The Market, Users can buy and sell simulated shares predicting an outcome in a sports event (i.e. Buccaneers to win against the Patriots). At the start of each contest, Users will be given (100) shares and §1,000 in virtual currency. This will represent the Portfolio of each User for which they will be graded against compared to all other Users.
Pricing of the shares of each outcome inside the simulated exchange will be created by the active participation of Users and not by any third party odds. Outcomes will trade inside a range of §1 and §99 until there is a clear conclusion to a contest outcome. At the conclusion of each contest the shares of the winning outcome will expire at §100 with shares of the listing outcome expiring at §0.
Users with the highest valued Portfolio, defined by Profit and Loss (“P&L”), shall be deemed the winner for each contest held during the Promotion if their P&L is inside the contest defined winner pool. The Market holds the right to offer contests with multiple winner pool definitions. Please refer to the rules for each contest as stated on the The Market app.
Examples:
Top 20% of Users win Winner Prizes
Top 1,000 Users win Winner Prizes
The Market also holds rights to offer a cumulative leaderboard which may offer a prize to Users based on their aggregated P&L and engagement across several contests during the Promotional Period. Specific details will be posted on the The Market App.
FOR MORE DETAILS ON HOW TO USE THE SIMULATED EXCHANGE, SEE https://ballstreettrading.com
Prizes Available: Participants' knowledge of sports, accuracy in predicting probable outcomes, and skill at pricing and trading are key factors in determining their ability to win. Participants can win Winner Prizes equal to the prize stated per each contest.
Winners will be solely responsible for any taxes on any Winner Prize. Winner agrees to cooperate with the Operator if additional information is required to make any tax or other filings.
All virtual Account Balance and Winner Prizes amounts displayed are subject to verification by the Operator, whose decisions and determinations regarding virtual Account Balance, Leaderboard Standings or Winner Prizes accrued are final, regardless of what amounts may appear on a screen shot or other record preserved by a Participant.
How to redeem Winner Prizes: To redeem Winner Prizes, Participants must be approved for and open a BallStreet account, subject to The Promotion’s eligibility requirements and other terms and conditions. Eligibility to open a BallStreet Trading account is determined and in accordance with all applicable requirements, terms, policies and procedures, which may vary over time and jurisdiction, and may be revised at any time without notice. Participants must then redeem all Winner Prizes through BallStreet partner, PrizeOut.
Restrictions on Winner Prizes: Winner Prizes HAVE NO CASH VALUE and are non-transferable.
Promotion Period:The Promotion will start on February 13, 2022 at 12:00:01 AM Eastern Standard Time ("EST") and end on April 15, 2022 at 11:59:59 PM GMT, or when all Prizes are released to Participants in the BallStreet application, whichever occurs first, unless extended or otherwise required by law ("Promotion Period").
Operator's computer systems will be the official timekeeping device for the Promotion. Subject to all restrictions regarding Prizes, Participants will remain eligible to redeem any Winner Prizes balance up to thirty (30) calendar days post the release of any Winner Prizes award to the Participant. At the conclusion of the Promotional period any Winner Prizes not yet redeemed will be forfeited by the Participant and removed from the Participants BallStreet account balance.
Restrictions: Participants who do not comply with these Official Rules in their entirety are subject to disqualification. Use of any automated system to participate is prohibited and will result in disqualification. A potential winner may be required to show proof of being the holder of the email address used to register. Operator is not responsible for lost, late, incomplete, invalid, illegible or misdirected attempts to register for the Promotion, which may be deemed invalid at the sole discretion of the Operator, or for any error, human, technical or otherwise. Operator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotion, or to have provided any false or inaccurate information. All instructions and notifications will be delivered in English.
Potential winners are subject to verification. In the event of disqualification, Prizes associated with such disqualified Participants will not be awarded. Operator is not responsible for any change of email address and/or other contact information of the Participant. Potential winner(s) may waive their right to receive a prize.
Release: User agrees to release and hold harmless Sponsor and The Market, and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees, and agents (collectively, the "Released Parties") from and against any claim, liability, or cause of action arising out of use of the The Market, participation in the Promotion, or receipt, non-receipt, use or misuse of any prize.
Privacy: The User acknowledges and understands that all personal information submitted will be collected and processed by Operator for the purpose of operating and managing the Promotion in accordance with Operator's Privacy Policy and applicable local law. Except where prohibited by applicable law, participation in the Promotion constitutes each winner's consent to the Operator's use of the winner's name, email, city, state, province or county, and country, likeness, photograph, statements made by the winner about the Promotion, Operator, and/or prize information for Promotion purposes in any media without further payment or consideration, including, but not limited to, posting winner lists online. User can read more about his or her rights, how Operator handles Participant's personal information and how to contact Operator in its Privacy Policy. Operator will ensure processing of personal data of User in accordance with applicable law in User's country of residence.
13. General Conditions: Operator reserves the right to terminate, amend, suspend or modify this Promotion in whole or in part, at any time and without notice or obligation, if in Operator's sole discretion, any factor interferes with its proper conduct as contemplated by these Official Rules, including but not limited to application of local law, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion. Operator reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Operator reserves the right to seek damages from any such person to the fullest extent permitted by law. Operator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or of any other provision of these Official Rules. Except as to the simulated nature of this Promotion, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. User shall not take any action or make any statement to disparage or adversely affect the name, reputation or goodwill of any of the Released Parties.
Limitations of Liability: Except as provided by applicable law, and as specifically set forth below for individual jurisdictions, the Released Parties are not responsible, to the extent permitted by law, for: (A) any incorrect or inaccurate information, whether caused by User, printing errors or omission or by any of the equipment or programming associated with or utilized in the Promotion; (B) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (C) unauthorized human intervention in any part of the entry process or the Promotion; (D) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (E) any injury or damage to person or property which may be caused, directly or indirectly, in whole or in part, from User's use of The Market, participation in the Promotion or receipt or use or misuse of any prize. No more than the maximum stated number of prizes will be awarded, and fewer may be awarded. In the event that production, technical, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Operator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
NOTHING IN THESE OFFICIAL RULES SHALL DISCLAIM, LIMIT, OR EXCLUDE LIABILITY FOR ANY LIABILITY THAT MAY NOT BE DISCLAIMED, LIMITED, OR EXCLUDED PURSUANT TO APPLICABLE LAW.
15. Disputes: TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAW, User, Operator, Sponsor, and The Market agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Promotion, or the breach, enforcement, interpretation, or validity of these Official Rules or any part of them ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by email to support@The Markettrading.com) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both User, Operator, and The Market agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent User cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. User agrees to give up his or her right to go to court to assert or defend his or her rights under these Official Rules and with respect to any Dispute. User, Operator, and The Market expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to User and shall not affect any other customer. User, Operator, and The Market agree that each may bring claims against the other in arbitration only in their respective individual capacities, and in so doing User and Operator or The Market hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the The Market ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. ANY DEMAND FOR OUT-OF-POCKET COMPENSATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR IN ACCORDANCE WITH THE LAW OF LIMITATIONS AS APPLICABLE LOCALLY, AND THEREAFTER OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the User and Operator in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to all Users.
Promotion Results: Requests for the winners list should be sent to support@ballstreettrading.com. Requests for the winners lists must be received within sixty (30) days after the close of the Promotion Period. Requests received after this time will not be honored.
Use of Operator Software and Other Intellectual Property: Operator grants Users a non-exclusive, nontransferable license to use the software powering the The Market ("Software") solely as provided herein. Title to the Software shall remain the sole property of Operator (or its assignee), including all patents, copyrights and trademarks. Users shall not: sell, exchange or transfer the Software to others; copy, modify, adapt, translate, decompile, reverse engineer, disassemble or reduce to a human readable form the Software, or create any derivative work therefrom.