Last Updated: November 19th, 2024
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.
YOU MUST HAVE A FOLD ACCOUNT TO PARTICIPATE IN THE PROMOTION (FREE TO SIGN UP).
The Fold Spinwheel (the “Promotion”) is intended as a loyalty promotion for users of the Fold App and consists of periodic opportunities to win prizes based on the spinning of a virtual prize wheel within the Fold mobile application (the “App”).
Who Can Enter: The Promotion 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. (“Fold” or 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 Promotion. 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 Promotion, you (“You”) agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding regarding all matters related to the Promotion. By participating, You release, discharge and hold harmless the Promotion Parties from any claims, losses, or damages arising out of Your participation in the Promotion and, if declared a Winner, the acceptance or use, misuse or possession of any Prize, as further detailed below.
Promotion Period: Each Spin is valid for a minimum 24 hours from the time the Spin is issued and may be longer as determined by your Fold Tier and Qualifying Events with the Fold Services. For purposes of the Promotion, 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 Promotion.
How To Enter: There are three ways to receive Spins to participate in the Promotion:
MESSAGE AND DATA RATES MAY APPLY to the use of a mobile device to participate in the Promotion. Consult Your wireless carrier’s pricing policies prior to participating in the Promotion. Internet access is not available on all mobile devices or available or free to use in all locations.
To participate, you must have a Fold Account on the Fold App. The Fold App is free to download from either Google® Play or the iTunes® App Store and requires a valid email address. 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 Promotion. You are responsible for keeping that information accurate
Spinwheel: The Promotion offers three different tiers of Spinwheel (each, a “Tier”) based on the type of account You have with Sponsor at the time of Your entry:
The prizes You will have the chance to win depend on Your Spinwheel Tier. For additional information on the Fold and Fold+ Tiers, see Terms of Service https://foldapp.com/legal/terms-and-conditions.
If You attempt to exceed any 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 Promotion. 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 Promotion. In the event of a dispute regarding the identity of the individual entering the Promotion 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: During the Promotion Period, You have the chance to win a prize by spinning the virtual Prize Wheel. The odds of winning a given prize are posted below. An entrant is not considered the actual winner (the “Winner”) of a prize, even if notified by the App or otherwise of their selection as a potential winner, unless and until the entrant receives an email or in-App notification from Sponsor indicating the entrant’s eligibility, that the prize won has been verified, and that the prize has been credited to the potential winner’s account. Winning is conditioned on You complying with these Official Rules and any instructions in the prize notification, including completing and returning any affidavit of eligibility and/or release of liability/publicity. In the event no winner is selected for a particular prize, the potential winner of a prize cannot be reached, or the potential winner does not respond to the prize notification within the time set forth in the prize notification, redeem the prize within 90 days, or otherwise comply with any of the requirements of the prize notification, the applicable prize will not be awarded.
Prizes, Prize Tiers, and Odds: The following prizes will be available on the Prize Wheel Tiers and with the stated odds of winning during the Promotion Period as follows:
Non-Amazon Gift Card Boost
Note:
Odds. The odds of winning a specific prize may change periodically. All updates will be noted in these Official Rules.
From time to time, Sponsor may offer a “Boosted Spinwheel” with varying odds and varying prizes. All details of the applicable Boosted Spinwheel will be disclosed in these Official Rules.
Each virtual currency prize will be fulfilled via a deposit of Rewards (as defined in the Fold Terms of Service denominated in bitcoin, in the amount of the prize announced, to the Winner’s Fold Account. Gift Card Boost prizes will be fulfilled via the Winner’s Fold Account and made available at the point of purchase for the applicable time period. 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 Service.
No substitution of prizes will be made, except that Sponsor in its sole discretion may substitute another prize of equal or greater value or change the method of prize fulfillment at any time. Winner responsible for all taxes and fees associated with the award of a prize.
Publicity: Except where prohibited by law, by participating in the Promotion or accepting a prize, You agree that Sponsor may use your username, likeness, and any of your social media posts announcing Your prize and prize won (if any) in connection with the Promotion, 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 Promotion. 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 PROMOTION 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.
General Conditions: The Promotion is void where prohibited by law, and is subject to all applicable federal, state and local laws and regulations, and Sponsor’s Terms of Service and Privacy Policy. Sponsor reserves the right to modify, suspend or terminate the Promotion in the event it becomes infected by a computer virus or is otherwise technically impaired, or based on the technical, legal and policy requirements of the platform(s) by which it is made available, and to cancel or suspend the Promotion in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Promotion and, if terminated, at Sponsor’s discretion, conduct a random drawing from among all non-suspect eligible entries received to that point, for any unawarded prizes.
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 Promotion 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 Promotion; errors in the administration of the Promotion, the announcement of any prize, or in any Promotion-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 Promotion 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.
Communications; Privacy: By participating in the Promotion, You agree to use of Your personal information, including email address, by Sponsor (or third parties performing services for Sponsor) for administration of the Promotion including, without limitation, verifying Your eligibility, contacting You regarding Your entry or any prize, fulfilling any prize won, avoidance of fraud/tampering, compliance with legal obligations, and analytics and improvement of offerings. For additional information about how Sponsor uses Your data and to opt-out of certain communications from Sponsor, visit Sponsor’s Privacy Policy at https://foldapp.com/privacy-policy.
Governing Law: Any dispute arising from this Promotion 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 Promotion, 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 Promotion 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 PROMOTION, OR ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, 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 Promotion 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 Promotion.
No Affiliation: This Promotion is not sponsored, endorsed, or administered by, or associated with Apply, Inc. or Google, Inc. Any questions, comments or complaints regarding the Promotion should be directed to Sponsor at 11201 N Tatum Blvd, Ste 300 #42035 Phoenix AZ 85028, Attn: Legal or by email to legal@foldapp.com.
Sponsor: Fold, Inc., 11201 N Tatum Blvd Ste 300, #42035, Phoenix, AZ 85028-6039
