Last Updated: October 30, 2020
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ENTRY VIA TWITTER ONLY AND A TWITTER ACCOUNT, FOLD APP ACCOUNT (FREE TO SIGN UP) AND INTERNET CONNECTION ARE REQUIRED. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER, INC..
BY ENTERING THE SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Fold Wheel Wednesday Sweepstakes (the “Sweepstakes”) is intended as a loyalty promotion for users of the Fold app and consists of a one-day opportunity to win prizes based on random selection of individuals who interact with the @Fold_App Twitter account’s tweet announcing the promotion (the “Promotional Tweet”).
Who Can Enter: The Sweepstakes is open to individuals who are: (i) legal residents of the 50 US states (including D.C.); (ii) at least 18 years old and the age of majority in their jurisdiction of residence at the time of entry; and (iii) physically located in the United States at the time of entry. Employees, officers, directors, agents or other representatives of the Fold, Inc. (the “Sponsor”) or of any parent company, subsidiary, or affiliate of the Sponsor (the “Promotion Parties”), and all members of their immediate family and persons living in the same household with them, whether or not related, are not eligible to participate in the Sweepstakes. Immediate family members include spouse, parent, child, sibling, including step-parents, children, siblings, half siblings, and all their respective spouses, regardless of where they reside.
Agreement to Official Rules: By entering this Sweepstakes, you (“You”) agree to be bound by these Official Rules and (“Official Rules”) the decisions of Sponsor, which are final and binding regarding all matters related to the Sweepstakes. By participating, You release, discharge and hold harmless the Promotion Parties from any claims, losses, or damages arising out of Your participation in the Sweepstakes and, if declared a Winner, the acceptance or use, misuse or possession of any Prize, as further detailed below.
How To Enter: You must interact with the @Fold_App twitter account by (i) following @Fold_App, (ii) retweeting the Promotional Tweet during the Promotional Period, (iii) tag up to five Twitter accounts in the retweet of the Promotional Tweet (the “Entry”). You and the five owners of the five accounts tagged in the Entry will be Potential Winners. Winners will be notified of winning shortly after the conclusion of the Promotion Period, subject to Winner Verification below.
To participate, You must have downloaded the Fold app, which is free, to Your mobile device and followed the instructions to register for a Fold account, including providing Your email address or Twitter Account. Additionally, You must maintain Your Fold account until award of any prize for which You are finally determined to be the Winner. The Sponsor will use the information in Your account for eligibility and notification purposes in connection with the Sweepstakes. You are responsible for keeping that information accurate.
If you don’t already have a Twitter account, visit www.Twitter.com to create one; creating a Twitter account is free. By submitting your information and creating a Twitter account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter account.
MESSAGE AND DATA RATES MAY APPLY to the use of a mobile device to participate in the Sweepstakes. Consult Your wireless carrier’s pricing policies prior to participating in the Sweepstakes. Internet access is not available on all mobile devices or available or free to use in all locations.
NOTE ABOUT TWITTER:
Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner’s responsibility to set his/her Twitter Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.
Limit on Entries: Limit one entry per person. If You attempt to exceed the entry limits through the use of multiple accounts, devices, identities or by any other means, Your entry(ies) will be void and you may be disqualified from the Sweepstakes. The use of any robot, computer program, sweepstakes entry service or similar entry method is prohibited and will void Your entry(ies) and You may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of the individual entering the Sweepstakes during the Promotion Period, the authorized subscriber of the email account associated with the Fold account from which the entry was received will be deemed to be the entrant and must comply with these Official Rules. Authorized subscriber means the natural person who is assigned the email address by the relevant Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address.
Winner Selection and Verification: Winners will be chosen at random. Your odds of winning depend on the number of eligible Entries received. The odds of winning a given prize are posted below.
Winner Notification: The Prize Winners will be notified by receiving a direct message from Fold to their Twitter account with a request for their full name, address, and Fold Account username (a “Winner Notification”). Once the Winner provides such information they will receive the prize in their Fold Account.
If any Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a Winner cannot attend or participate in any portion of the applicable Prize, or if the potential Winner fails to respond to a Winner Notification and/or to sign and return the Affidavit (if required) within the time periods set forth herein, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor may only look to five (5) alternate winners for the applicable Prize, at which point the applicable Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Winner must follow the directions in his or her Winner Notification.
Promotion Period: The Sweepstakes begins and ends at the times set forth below. For purposes of the Sweepstakes, Eastern Time on any particular day shall mean the applicable local time in New York, New York on that day. The Sponsor’s computer system is the official timekeeping device with respect to all matters relating to the Sweepstakes.
Prizes and Odds: Between five and ten Entries will be selected throughout the Promotional Period. Each selected Entry will win one of the following randomly selected prizes. The Winner who tweeted the selected Entry and the Winners tagged in the selected Entry will each win the randomly selected prize for their Entry. The randomly selected prizes are:
Estimated Retail Value of all prizes available for award is $750.
Each prize will be fulfilled via a deposit of Rewards (as defined in the Fold Terms of Rewards), denominated in bitcoin, in the amount of the prize announced, to the Winner’s Fold account. The value of the Bitcoin deposited will be calculated on the date of the award using the exchange rates provided by certain data feeds, as determined by Sponsor. The date of award will be the date on which Sponsor adjusts the Rewards balance in the Winner’s account, after Sponsor determines it has completed all required Winner verification for the prize awarded. All calculations and determinations, including the value of Bitcoin on any award date, shall be performed by Sponsor at its sole discretion. Sponsor disclaims any and all liability in connection with (i) incorrect information obtained from third parties regarding the value of Bitcoin on any given date, or (ii) any disputes over the value of Bitcoin on any given date. Your rewards account is governed by the Terms of Rewards.
To redeem a Sats prize, potential winner must have a Fold account on the Fold mobile application (the “Fold App”). The Fold App is free to download from either Google® Play or the iTunes® App Store, and requires an email address or Twitter Account. Standard data rates may apply. Additionally, You must maintain Your Fold account until award of such prize for which You are finally determined to be the Winner. The Sponsor will use the information in Your account for eligibility and notification purposes in connection with the Sweepstakes. You are responsible for keeping that information accurate.
Publicity: Except where prohibited by law, by participating in the Sweepstakes or accepting a prize, You agree that Sponsor may use your name, username, likeness, biographical information, any of your social media posts announcing Your prize and prize won (if any) in connection with the Sweepstakes, including winner announcements in the Fold app and on Sponsor’s social media and web pages, as well as for future advertising and publicity in any and all media now existing or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.
Disqualification; Sponsor’s Decision Final: Sponsor reserves the right in its sole discretion to disqualify (and void the entry(ies) of) any person it believes such person has violated these Official Rules, is not eligible to participate, has provided false information, acted in a harassing or unsportsmanlike manner with respect to Sponsor, any Promotion Party or any other entrant, or tampered with the operation of the Sweepstakes. Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability and Release: Promotion Parties are not responsible for, and by participating You release the Promotion Parties from, any and all claims or liability that may arise, directly or indirectly, out of Your participation in the Sweepstakes or acceptance, use or misuse of any prize, including without limitation, for any problems related to technical malfunctions of electronic equipment, computer online systems, servers, providers, computer hardware or software or phone lines, congestion on the internet or any website/app, unauthorized intervention, viruses, maintenance or any other technical problems; failed, lost, delayed, incomplete, garbled, or misdirected communications regardless of cause which may limit a person’s ability to participate in the Sweepstakes; errors in the administration of the Sweepstakes, the announcement of any prize, or in any Sweepstakes-related materials; printing or human error; and any injury or damage to persons or property. You agree that the Promotion Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes and under no circumstances will Sponsor be responsible for attorney’s fees. You waive the right to claim any damages, including direct, indirect, punitive, or consequential. California Civil Code Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. By participating, You, on Your behalf and for Your heirs, successors, assigns, agents and representatives, acknowledge that You understand the significance and consequences of California Civil Code Section 1542 and, to the extent it may be applicable, hereby waive its benefits, with the intent that the releases and waivers of liability in these Official Rules include claims known or unknown, and suspected or unsuspected.
Governing Law: Any dispute arising from this Sweepstakes or these Official Rules, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with this Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect or regard to any principles or doctrines of conflicts of law.
Disputes: Except where prohibited by law, any action arising out of or relating to this Sweepstakes or these Official Rules shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), and as modified by these Official Rules. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If Your claim in arbitration is for less than $10,000.00, Fold will reimburse You for filing fees at the conclusion of the proceeding unless Your claim is found to be frivolous by the arbitrator. The arbitration shall be held at a location in the state in which You live. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary in these Official Rules, if the amount in dispute arising out of or relating to this Sweepstakes or these Official Rules is less than the jurisdictional maximum of a small claims court applicable in the state in which You live, You may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action. In all cases, you agree that all claims, judgements or awards will be limited to actual out-of-pocket expenses incurred in entering the Sweepstakes.
Sponsor: Fold, Inc., 55 E. 3rd Ave., San Mateo, CA 94401