Official Contest Rules ("Rules")

NO PURCHASE OR ALLY INVEST ACCOUNT NECESSARY TO ENTER OR WIN. CONNECTING AN ALLY INVEST ACCOUNT TO THE TRADEJESTER SOFTWARE APPLICATION (the "TradeJester App") AND AGREEMENT TO TERMS IS REQUIRED TO RECEIVE PRIZE. USER CAN ALTERNATIVELY CHOOSE TO REQUEST PRIZE VIA PAPER CHECK ALONG WITH AGREEMENT TO TERMS. A PURCHASE OR ALLY INVEST ACCOUNT DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. USER MUST BE 18 YEARS OF AGE TO ENTER.

CONTESTS AND CONTEST PRIZES ARE NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC. OR ALPHABET INC. APPLE INC. AND ALPHABET INC. OR NOT RESPONSIBLE FOR CONTEST PRIZE FULFILLMENT. ANY QUESTIONS, COMMENTS, OR COMPLAINTS REGARDING THE CONTEST WILL BE DIRECTED TO TRADEJESTER INC.

PRIZE RECIPIENTS CONNECTING AN ALLY INVEST ACCOUNT TO THE TRADEJESTER APP WILL RECEIVE CASH PRIZE(S) VIA DEPOSIT INTO THEIR ALLY INVEST ACCOUNT. ALL PRIZE DEPOSITS ARE MADE AT THE BEGINNING OF THE MONTH FOLLOWING THE PRIZE BEING EARNED. IF USER DOES NOT HAVE AN ALLY INVEST ACCOUNT, USER CAN REGISTER AND QUALIFY FOR A FREE ACCOUNT THROUGH ALLY INVEST’S WEBSITE. SIGN-UP PROCESS FOR A NEW ALLY INVEST ACCOUNT AND CONNECTING THE ACCOUNT TO THE TRADEJESTER APP TAKES ROUGHLY 10-15 MINUTES TO COMPLETE. USER IS NOT REQUIRED TO FUND THE ACCOUNT TO RECEIVE PRIZE. IF USER CHOOSES NOT TO CONNECT AN ALLY INVEST ACCOUNT TO THE TRADEJESTER APP, THEY CAN RECEIVE THEIR PRIZE VIA PAPER CHECK. USER MUST SUBMIT THEIR REQUEST IN WRITING BY MAIL TO TRADEJESTER INC, ATTN: CONTEST PRIZES, P.O. BOX 172661, ARLINGTON, TX 76001 WITHIN 14 DAYS OF WINNING PRIZE. USER MUST INCLUDE THEIR USERNAME, EMAIL, COMPLETED W-9 TAX FORM, AND DATE(S) IN WHICH THEY WON A CONTEST. USER WILL RECEIVE CONFIRMATION OF THEIR REQUEST ONCE RECEIVED, AND CAN EXPECT DELIVERY OF THEIR PRIZE(S) VIA PAPER CHECK WITHIN 90 DAYS.

AS FURTHER DESCRIBED BELOW, BY PARTICIPATING, YOU (the "User") AGREE THAT CERTAIN PERSONAL INFORMATION THAT YOU PROVIDE DURING THE REGISTRATION PROCESS AND THROUGHOUT THE CONTEST (INCLUDING, WITHOUT LIMITATION, YOUR USERNAME AND INDIVIDUAL PERFORMANCE), MAY BE MADE PUBLICLY AVAILABLE.

TradeJester Earnings Game Contests ("Contests") are sponsored and run by TradeJester Inc, 701 Brazos St. Suite 1600, Austin, TX 78701 ("Sponsor"). Software download, Internet access, and use of a valid TradeJester App account are required to participate in this Contest.

BY PARTICIPATING IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE TAKING ANY ACTION TO PARTICIPATE. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY.

By participating in the Contest, you agree to the decisions of Sponsor, which will be final in all matters relating to this Contest. Sponsor reserves the right to extend or shorten this Contest or otherwise amend or cancel this Contest or amend these Official Rules.


SUMMARY

The Contest is a simulated trading competition through Sponsor's TradeJester App functionality for the TradeJester App. The TradeJester App is available through the Sponsor's website or for mobile download. Contests begin at 2:00am Central Time on the start date specified in the application and conclude at the end of extended trading on the end date specified in the TradeJester App (the "Contest Period"), and all participating Users must be registered before the Contest Period start date, no later than 1:59:59am Central Time (see "Eligibility" and "Registration Process" sections below). The Contest consists of a competition based upon the performance of six (6) stocks selected by the User over the course of one week. The stocks being selected are those from a list reporting earnings over the coming week. The indices that the stocks are selected from include the S&P 500, S&P MidCap 400, S&P SmallCap 600, and Russell 2000. While rare, some stocks chosen by users may move their earnings announcement to the following week, even after the contest has begun. The User is advised that this is beyond TradeJester’s control and can affect a user’s performance in the contest. The User is limited to one (1) submission per contest and selections may not be changed after the Registration Time has passed.

BEGINNER CHALLENGE

At the end of the contest period, the User is considered to have won if the User has a positive cumulative portfolio gain over the course of the week. (See "Winner Determination and Portfolio Valuation" section below.) This is only a high-level summary of the Contest; read through these entire Official Rules to make sure you understand the details.

EARNINGS LEAGUE

At the end of the contest period, the User(s) with the greatest cumulative portfolio gain(s) over the course of the week will be named the winner(s). (See "Winner Determination and Portfolio Valuation" section below.) This is only a high-level summary of the Contest; read through these entire Official Rules to make sure you understand the details.

ELIGIBILITY

User must be a citizen of one (1) of the fifty (50) United States or the District of Columbia and be at least the age of majority in his or her state or jurisdiction of residence as of the contest end date. Each Advanced Tournament Contest is limited to the first 2,000 Users to complete the Registration Process described in that section below. When 2,000 registered Users is reached, a new Contest may be launched with a separate prize pool. Sponsor does not guarantee that all Contests will have equivalent prize pools, award prizes to an equal number of players, or that all Contests will begin. Corporate or commercial entities are not eligible to participate. Employees and agents of Sponsor and its parents, subsidiaries, divisions, partners, affiliates, suppliers, distributors, and advertising and promotional agencies, each of their immediate family members (spouses, parents, children, and siblings and their spouses), and household members of each (whether related or not), are not eligible to participate or win.

In the event of a dispute as to the identity of a participant, the registered account holder of the email address used for participation in the Contest (as determined in Sponsor's sole discretion) will be deemed to be the participant, but only if that person meets all eligibility criteria for the Contest, otherwise User may be disqualified and any potential prize won may be forfeited in Sponsor's sole discretion. "Registered account holder" of an email address is defined as the natural person who is assigned to an email address used to register for the TradeJester App.

REGISTRATION PROCESS

Users must have completed the registration process with Sponsor by no later than 01:59:59am CT on the Contest's specified start date to be eligible to participate in the Contest. To register for the Contest, each User must create a user account within the TradeJester App. The TradeJester App registration process requires User to provide an email address, password, and date of birth, and to agree to the TradeJester App's Terms of Use and Privacy Policy. If any information is found not to be current, truthful, or complete, the User may be disqualified from the Contest and/or the User's TradeJester App account may be revoked at Sponsor's sole discretion.

Signing up for a TradeJester App account is free. Sponsor does not charge a fee for downloading the TradeJester App (though typical Internet, data, and other charges may be incurred from your provider). Users are solely responsible for maintaining the security of their TradeJester App and Ally Invest account information and password, and the Contest Entities (defined below) will not be responsible or liable for any related security issue. Any attempt (successful or unsuccessful) by any participant to register or signup for an account or portfolio in excess of any limits stated in these Official Rules or on the TradeJester App by any means, including, but not limited to, through the use of multiple email accounts, as determined by Contest Entities in their sole discretion, may result in disqualification of all accounts and portfolios related to those attempts or activities.

USERNAME REQUIREMENTS

User's TradeJester App username must meet all of the following requirements or the User may be disqualified and/or User's TradeJester App account may be revoked at Sponsor's sole discretion:

User's username must NOT depict, identify, reference or include any person, entity, brand, product, or service.
User's username must NOT infringe, misappropriate, or violate any rights of any third party including, without limitation, patent, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.
User's username must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.
User's username must NOT include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious, to any individual, any Contest Entity, or any third party.
User's username must NOT contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
User's username must be suitable for presentation in a public forum.
User's username must NOT suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor's or any other products or services.
User agrees to indemnify the Contest Entities against any and all claims from any third party regarding the use or reuse by any Contest Entity of the User's username.

HOW TO PARTICIPATE

User will create only one (1) portfolio, at the beginning of the Contest. User may enter more than one contest at a time. User begins the Contest Period with thirty thousand (30,000) fictitious U.S. dollars or "play" money ("Play Money") in its portfolio. No sum of Play Money in addition to the starting thirty thousand (30,000) in Play Money will be provided and contributions in Play Money may not be added directly to a portfolio (although a portfolio may be valued at more than the starting amount as a result of stock price movement). Play Money cannot be exchanged for actual currency and has no real-world cash value. User may not make any changes or adjustments to their portfolio during the Contest Period, including but not limited to buying or selling virtual shares of their selected stocks or other stocks, or adjustments to weight selections or position (long or short). Users are expressly prohibited from coordinating or cooperating with other Users on any stock selections related to the Contest. Any actual or suspected inter-User coordination or cooperation will result in immediate disqualification from the Contest of all of those involved, in Sponsor's sole discretion. Contest Entities (defined below) are in no way responsible or liable for any selections that a User believes were submitted but that are not reflected in the User's portfolio. The Contest Entities are not liable for any delay or failure of the TradeJester App or the Contest to perform in relation to Contest functionality. There is no guarantee that participants will be able to access the TradeJester App whenever and wherever they want. There may be extended periods of time when participants cannot access the TradeJester App. Heavy activity may affect participants' access to the TradeJester App. Market volatility, trading volumes, system performance and other factors may delay system access and response times. No corrections or adjustments will be made for Contest entries affected by the operation or downtime. THE CONTEST ENTITIES DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE TRADEJESTER APP CONTEST FUNCTIONALITY OR THE CONTEST IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. Sponsor reserves the right, in its sole discretion, to disqualify any User that tampers with or attempts to tamper with the TradeJester App or the operation of the Contest, violates the Official Rules, acts in an unsportsmanlike or disruptive manner, or acts with intent to annoy, abuse, threaten, or harass any other person. Sponsor reserves the right, in its sole discretion, to disqualify from the Contest any User related to participation that, in Sponsor's sole discretion, in any way reflects negatively upon the Contest, the Contest Entities, or any other person or entity, or that does not comply with these Official Rules.

QUALIFYING STOCK SELECTIONS

Eligible Contest stocks are determined at the time of Contest creation based upon the stock's issuing company's expected earnings report date. Stocks in the Earnings Game are limited to those stocks with an expected earnings report date that falls during the Contest Period. Stocks within the Contest may be further restricted at the Sponsor's discretion. It is not uncommon for companies to change their earnings report date on short notice; it is therefore possible for stocks not reporting earnings to be included in a contest, and for stocks reporting earnings to have been excluded. Sponsor is not liable for any simulated losses inflicted due to companies changing their earnings report date.

WINNER DETERMINATION AND PORTFOLIO VALUATION

BEGINNER CHALLENGE

At the end of the Contest Period, all Users with a positive cumulative portfolio gain (aggregate of all selected stocks) will be considered a winner of the challenge. Portfolio gains are calculated from the previous Adjusted Close for each stock prior to the Contest start and the Adjusted Close for each stock upon close of the markets on the day in which the Contest ends. If that User has not previously won a Beginner Challenge contest, that User is eligible for a one-time prize of $20, to be awarded via deposit into an Ally Invest account connected to the TradeJester App, or via paper check as requested by the User. Upon completing the Beginner Challenge, User will immediately become eligible to participate in the Earnings League and ineligible to participate in the Beginner Challenge again.

EARNINGS LEAGUE

After the end of each Contest, the User with the highest percentage gain in their portfolio's aggregate value (highest profit/loss (P/L) percentage) during the Contest Period will be the Contest winner and claim the First Place Prize. Portfolio gains are calculated from the previous Adjusted Close for each stock prior to the Contest start and the Adjusted Close for each stock upon close of the markets on the day in which the Contest ends. Additional winners and prizes will be awarded based on the size of the participating field, with a minimum of 5% of the participating field to receive a prize. Prize pool size and individual prize value is subject to change at any time and is set at the Sponsor's discretion prior to Contest start. In the event of a tie in determining any winning User, the tied participants will share evenly the combined value of the prize(s) for their respective placements. Each User's performance in the Contest may be made publicly available and visible on the TradeJester Website, TradeJester social media pages, and/or the TradeJester App, including as part of a leaderboard. Each User’s portfolio may be made available only after the Contest has begun since changes to portfolios cannot be made once a contest has begun.

WINNER NOTIFICATION & VERIFICATION

Each potentially winning User will be notified within approximately one (1) business day after the end of the Contest Period, as applicable, by email and/or within the TradeJester App, at Sponsor's sole discretion. Notification is deemed to have occurred immediately upon sending of an email, time stamp of User login after Contest completion, or confirmation of receipt from delivery service. If any prize, prize notification or Contest-related communication is rejected, faulty, or returned as undeliverable, if the potentially winning User does not respond or only partially responds according to the notification's or Sponsor's instructions, if the winning User or potentially winning User fails to comply with these Official Rules, or if a potentially winning User cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), that winning User or potentially winning User may be disqualified (regardless of whether it has been announced anywhere) and an alternate winning User or potentially winning User may be selected in accordance with the winner determination procedures described above, in Sponsor's sole discretion. To claim the prize, each potentially winning User must connect an Ally Invest account to the TradeJester app, with the prize being delivered via a deposit made by TradeJester into the User’s account within 5 business days. If User does not have an Ally Invest account, they have the option to register and qualify for a free account through Ally Invest’s website, then connect the account to the TradeJester app. User may alternatively request delivery of their prize by sending a request via mail to Tradejester Inc, Attn: Contest Prizes, P.O. Box 172661, Arlington, TX 76001 within 14 days of winning prize. User must include their username, email, a completed W-9 tax form and date(s) in which they won a contest. User will receive confirmation of their request once received, and can expect delivery of their prize via paper check within 90 days. User may be required to provide any supporting documentation requested by Sponsor (which may include, without limitation, a Federal IRS W-9 tax form) before receiving their prize. Failure of the User to do so may result in the potentially winning User being disqualified and the selection of an alternate potentially winning User, at the Sponsor's sole discretion. All prize claims are subject to verification by Sponsor. Each potentially winning User, subject to verification by Sponsor, may be announced publicly by Sponsor (where permitted by law) including, without limitation, on the TradeJester Website, in the TradeJester App, on TradeJester's social media pages, or elsewhere online and offline. Sponsor reserves the right, in Sponsor's sole discretion, to disqualify at any time any User who does not meet the eligibility criteria described above or has otherwise violated these Official Rules, even if the User has been notified or announced publicly or otherwise that he or she may have or did win a prize. All cash prizes will be in U.S. dollars. No exceptions will be made to prize delivery methods.

CONDITIONS

A 1099 or 1042S tax form may be submitted on the prize recipient's behalf by the Sponsor for the actual value of the prize awarded. All prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. No prize substitutions permitted except at the sole discretion of Sponsor, in which case a prize (or portion of the prize) of equal or greater value may be awarded. THE PRIZES ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

In the event that Sponsor believes, in its sole discretion, that any portion of the Contest contains, has contained, or has a reasonable possibility of containing a defect, error, loophole, security breach, or any other occurrence or characteristic that could affect the integrity or fairness of the Contest, Sponsor may terminate the Contest entirely and declare it null and void, or terminate only that portion of the Contest, invalidate any or all trading results, and base all Contest results solely on the unaffected portion of the Contest, if any. Such termination by Sponsor may be made prospectively or retroactively and be effective as of any date before, during, or after the Contest.

As a condition of participating in this Contest (except where prohibited by law), you grant the Contest Entities the irrevocable, sublicensable, and absolute right and permission to use, publish, post, or display your name, likeness, prize information, trade performance information, any quotes attributable to you, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Contest Entities' sole discretion) for advertising, trade, publicity, and promotional purposes without further obligation or compensation of any kind to you anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, via text message, via social media, on the Internet, and on the TradeJester Website or within the TradeJester app), world-wide, without any limitation of time and without any notice or the opportunity to review or approve such use, except where prohibited by law. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted in this section. You waive any right to inspect or approve any use of any of the rights granted in this section.

By participating, you acknowledge and agree that the relationship between you and Sponsor or any of the Contest Entities is not a confidential, fiduciary, or other special relationship, and that your decision to participate in the Contest does not place Sponsor or any of the Contest Entities in a position that is any different from the position held by members of the general public with regard to your participation, other than as set forth explicitly in these Official Rules.

By participating, you understand and agree that the Contest Entities and the Contest itself do not recommend any security, financial product or instrument, nor does any mention of a particular security in TradeJester’s app constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment. You understand and agree that neither the Contest nor the Contest Entities provide tax, legal, or investment advice. You understand and agree that neither the Contest nor the Contest Entities 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.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE

In addition to the other limitations of liability expressed elsewhere in these Official Rules, Sponsor and Contest Entities are not responsible for any kind of technical or other malfunction or any human error, which may occur in the processing of participation in the Contest. The Contest Entities furnish the information available in the TradeJester app without responsibility for accuracy and each participant agrees that errors contained in such information will not be made the basis for any claim, demand or cause of action. The Contest Entities believe their data services to be reliable, but accuracy is not warranted or guaranteed. Contest Entities are not in any way responsible or liable for any third party features or functions. BY PARTICIPATING IN THE CONTEST, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SPONSOR AND ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, ASSIGNS, BRANDING PARTNERS, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS CONTEST (THE "CONTEST ENTITIES") FROM ANY CLAIMS OR LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE CONTEST OR THE ACCEPTANCE, POSSESSION, USE, MISUSE, DELIVERY, OR AWARDING OF THE PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE. YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY YOU. SECTION 1542 READS AS FOLLOWS:

"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

DISPUTES/GOVERNING LAW

YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE CONTEST ARE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, USA. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS IN AUSTIN, TEXAS AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTEST WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. ("JAMS") OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A "DEMAND FOR ARBITRATION", THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT MAY BE HELD IN YOUR HOMETOWN AREA. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF PARTICIPANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE CONTEST.

Further, in any such dispute, any and all awards shall be limited to actual out-of-pocket costs incurred, if any, not to exceed $10 USD, including costs associated with participating in the Contest and attorneys' fees. By participating, to the fullest extent permitted by applicable law, you hereby waive all rights to claim direct, indirect, punitive, incidental, special and consequential damages and/or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

To the fullest extent permissible under law, you acknowledge and agree that, with respect to any claim by you relating to or arising out of Sponsor's or the Contest Entities' actual or alleged exploitation or use of any participant's name, likeness, or other information submitted or activity performed in connection with the Contest, the damage, if any, caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property, promotion, or production, and your rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law, HOWEVER, YOU ACKNOWLEDGE THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRAIN A CALIFORNIA RESIDENT'S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW.

PRIVACY

As described elsewhere in these Official Rules, Sponsor collects certain information from you, including your registration information and trading activity information, for purposes of administering the Contest and complying with applicable laws, regulations, rules, and other promotions. By registering for a TradeJester account and participating in the Contest, you give consent for Sponsor and its agents to use and provide your name, contact information, and other information and content provided by you in connection with the Contest, to third parties for purposes of administering the Contest and complying with applicable laws, regulations and rules. Sponsor may keep participant and Contest related information after completion of the Contest for business management and record keeping purposes. In addition, certain information about each User will be publicly visible on the TradeJester website and elsewhere, and Sponsor may use such information to communicate with Contest participants about the Contest status, or for advertising, trade, publicity, and promotional purposes. By registering for and participating in the Contest, each User agrees to the TradeJester App’s Terms of Use, Privacy Policy, and these Official Rules.

Please publish modules in offcanvas position.