Fandex - Contest Rules

FANDEX CHALLANGE OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD

1. Promotion: Welcome to “Fandex challenge” presented by FANDEX (“Contest”). No purchase necessary to enter or win, and no deposit, entry fee, payment, or proof of purchase is necessary to participate in this contest. The Contest is based on the results of the portfolio for the contest period. (“Period”).

2. Sponsor. This Contest is sponsored by FANDEX, Inc. who may be contacted by email at [email protected], or by mail at 90 Washington Valley Rd, Bedminster NJ 07921. APPLE or GOOGLE are NOT affiliated with the contest or sweepstakes in any way.

3. Promotion Period and Description of Contest. The Contest shall commence at 12:00AM ET on March 14th, 2021 (“Start Date”) and conclude at 11:59PM on April 5th, 2021 (“End Date”). The period from the Start Date to the End Date shall be known as the (“Contest Period”). Each week during the Contest Period there will be a weekly contest beginning on Sunday at 12:00AM ET, and ending on Friday at 6AM (“Weekly Contest”). Each month during the Contest Period there will be a monthly contest beginning on the 1st of each month at 12:00AM ET, and ending on the last day of the month at 11:59PM ET (“Monthly Contest”).

4. Acceptance of Rules and Terms. By submitting an Entry (defined below) each participant agrees that he or she has reviewed and accepts these rules (“Rules”) and the Sponsor’s Privacy Policy and Terms of Use. SECTION 15 OF FANDEX’S TERMS OF USE CONTAINS A BINDING ARBITRATION AND WAIVER OF CLASS ACTION CLAUSE, WHICH IS HEREBY INCORPORATED BY REFERENCE. PLEASE REVIEW THAT CLAUSE CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Each Participant agrees to abide by these Rules and the decisions of the Sponsor, which are final and binding in all respects.

5. Eligibility. All eligible participants (“Participants”) entering the Contest must comply with all terms and conditions of these Rules. Participants may enter as outlined in Section 6 below.

a. The Contest is open to U.S. and Canadian residents who, on the date of entry, are at least 18 years of age or older (21 or older in Massachusetts).

b. The officers, directors and employees of the Sponsor, its subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for these Contests, and the immediate family members (grandparent, parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate in the Contest.

c. Employees of other daily fantasy sites, including but not limited to DraftKings and Yahoo, are not eligible to participate in the Contest.

6. How to Enter. To enter the Contest, Participants must have a registered FANDEX.com account and enter through the FANDEX.com website or using the FANDEX mobile application. Participants are automatically entered into the Contest by registering .

a. Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted.

b. Limit One (1) Entry per person per Weekly Contest during the Contest Period. Any instance of registering multiple accounts on FANDEX in order to gain more than one Entry into the Contest will result in automatic disqualification from the Contest as well as potential suspension from FANDEX.

7. Selection of Winners. For each Weekly Contest, the Participant(s) with the greatest percentage change in portfolio value will win a share of the weekly prize (“Weekly Prize”). At the end of each Weekly Contest, Participant(s) that have the greatest percentage change in portfolio value will win the $50 weekly prize. In the event of a tie winning participants will split the $50 Weekly Prize (“Cash Prize”). For each Monthly Contest, the Participant(s) with the greatest percentage change in portfolio value will win a share of the weekly prize (“Monthly Prize”). At the end of each Monthly Contest, Participant(s) that have the greatest percentage change in portfolio value will win the $100 monthly prize. In the event of a tie winning participants will split $100 monthly prize (“Cash Prize”).

a. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official Winners of each Weekly Contest and and Monthly contest will split the Contest’s Cash Prize. The purchase of any goods or services will not increase any Participant’s chances of winning. All decisions of the Sponsor regarding the Contest and the application of these Rules are final and binding.

b. Any Cash Prize will be deposited into a Winner’s FANDEX account.

c. In the event that a Winner in a Weekly or Monthly Contest forfeits or is disqualified for any reason, that week’s or Month’s Cash Prize will be divided amongst the remain winners following the week in which FANDEX discovers the potential Winner’s forfeiture or disqualification.

d. Each Winner is solely responsible for all federal, state, and local taxes and other fees associated with his or her receipt and use of a Cash Prize. No substitution, assignment or transfer of prize is permitted, except by the Sponsor, who reserves the right to substitute the prize with another prize of greater or equal value if Cash Prize cannot be awarded as stated. The Sponsor will withhold and/or report taxes as required by the applicable law of the Sponsor’s jurisdiction. Taxes and fees, if any, are the sole responsibility of the prize winner(s). Sponsor is responsible only for prize delivery and expressly disclaims responsibility for prize utility, quality, or otherwise.

9. Prizes and Odds: Odds of winning depend on the number of eligible entries received on a weekly or monthly basis, during the Contest Period. There will be $3,800 in prizes awarded in total during the Contest Period ($50 per Weekly Contest, $100 per Monthly contest).Cash Prizes will be deposited into the Winners’ accounts within 72 hours of the conclusion of the Weekly Contest.

a. ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Applicable Rules and Winner’s List: For any legally required winners’ list, send a self-addressed stamped envelope (unless otherwise prohibited by local law) to FANDEX, Inc., 90 Washington valley rd, Bedminster NJ o7921, Attn: Social Media Contests. All such requests must be received within three (3) months after the end of the Contest.

11. No Third Party Sponsor. This contest is in no way sponsored, endorsed, or administered by, or in association with any person or other entity, including any third party, other than FANDEX.

12. Publicity. Prize winners agree that their names, location, social media posts, and/or photos and videos tagged in response to contest posts may be used for marketing purposes. By participating in the Contest, the Winner agrees to refrain from any behavior or communication that would harm the image or reputation of FANDEX or the FANDEX user community. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNER’S LIST.

13. Additional Terms and Conditions. The decisions made by FANDEX management regarding, but not limited to, eligibility, winners, scoring, travel arrangement, rules, prizes and compliance with FANDEX’s standards of conduct. No correspondence will be entered into. FANDEX reserves the right to make reasonable changes to these terms, (a) to ensure the fairness of competition, and (b) in response to unanticipated developments (such as technical failures, errors, acts of God, natural disasters, terrorism, and changes in applicable law.

14. Choice of Law and Disputes. Choice of law Disputes shall be subject to the provisions in FANDEX’s terms of service, which are hereby incorporated by reference, including Section 15, which contains a binding arbitration clause and a class action waiver. YOU SHOULD REVIEW THESE TERMS CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS.

15. Conditions of Participation and Limitations of Liability.

By participating, entrants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the sweepstakes or contest, and each of its and their directors, employees, officers, and agents from and against any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the sweepstakes or contest, including without limitation (i) the administration of the sweepstakes or contest, such as typographical, printing, seeding, human or other errors relating to or in connection with the sweepstakes or contest, the processing of entries, the announcement of the prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the prize or prize materials and/or (ii) entrants’ participation in a sweepstakes or contest offered by Sponsor or their acceptance or use of a prize, or participation in any prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the sweepstakes or

contest or any sweepstakes or contest-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy, liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any prize or participation in any prize-related activities.

Sponsor reserves the right at its sole discretion to disqualify any individual who is found to be (i) acting in violation of these Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the applicable sweepstakes or contest, or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event Sponsor is prevented from continuing with a sweepstakes or contest as contemplated by any event beyond its control, including, without limitation, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within its control, then Sponsor shall also have the right to modify, suspend, extend or terminate the respective sweepstakes or contest. In the event that a sweepstakes or contest is terminated, cancelled, or postponed for any reason whatsoever, the ARV of the prize(s) will be awarded to the extent required by law.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES OR CONTEST OFFERED BY SPONSOR IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.