NO PURCHASE OR DEPOSIT NECESSARY TO ENTER OR WIN. A PURCHASE OR DEPOSIT WILL NOT INCREASE YOUR CHANCES OF WINNING. TRADING ACTIVITY IS NOT REQUIRED TO ENTER OR WIN. ELIGIBLE ENTRANTS MAY ENTER THROUGH THE POLYMARKET ENTRY METHOD OR THE FREE MAIL-IN ALTERNATIVE METHOD OF ENTRY DESCRIBED BELOW. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID IN NEVADA AND WHERE PROHIBITED BY LAW.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE OFFICIAL RULES YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATED TO THIS SWEEPSTAKES BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE “ARBITRATION AGREEMENT; CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION.
ELIGIBILITY: The Thank You Commissioner Sweepstakes (the “Sweepstakes”) is open only to legal residents of the forty-nine (49) states of the United States other than Nevada and the District of Columbia (the “Eligible Territory”) who are at least eighteen (18) years of age at the time of entry. For entrants entering through the Polymarket US Exchange method of entry, the Sweepstakes is open to new and existing users of the Polymarket US Exchange (as defined below). Employees, officers and directors of Blockratize Inc. d/b/a Polymarket (“Sponsor”), Realtime Media LLC (“Administrator”), and each of their respective parents, subsidiaries and affiliated companies, representatives, directors, officers, agents, divisions, dealers, affiliates, distributors, advertising and promotional agencies, employees, and assigns, and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not), are not eligible to participate in the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and their respective spouses, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
The potential winner who entered through the Polymarket US Exchange method of entry must have a Polymarket account on the Polymarket US Exchange that has not been subject to a confirmed suspension or permanent ban for fraud or material violation of Polymarket’s US Rulebook (available at: https://polymarketexchange.com/files/legal/latest/rulebook), Polymarket App Terms and Conditions (available at: https://polymarket.us/tos), and the Polymarket Clearing Rulebook (available at: https://www.cftc.gov/filings/orgrules/rules12312536031.pdf) as of the Drawing Date (as defined below). An account flagged or placed under automated review but not subject to a confirmed adverse action by Sponsor’s Compliance team shall not automatically disqualify a potential winner; provided, however, that Sponsor reserves the right to conduct such review of the account as Sponsor deems appropriate in its reasonable discretion before confirming eligibility. Eligibility determinations shall be made in good faith based on account status as of the Drawing Date (as defined below).
Void outside the Eligible Territory and where prohibited or restricted by law, rule, or regulation. For entrants using the Polymarket US Exchange method of entry, entry is also void in any jurisdiction where access to, use of, or participation on the Polymarket US Exchange (inclusive of the Polymarket US application) (“Polymarket US Exchange”) is prohibited, restricted, or unavailable. Entrants are responsible for ensuring that participation in the Sweepstakes and, as applicable, use of the Polymarket US Exchange is permitted in their jurisdiction. All federal, state, and local laws and regulations apply.
By participating in the Sweepstakes, you unconditionally accept and agree to comply with and abide by these rules and regulations governing the Sweepstakes (the “Official Rules”) and the decisions of Sponsor, including the interpretation of these Official Rules, administration of the Sweepstakes, and selection and verification of the winner, which will be final and binding in all respects, to the extent permitted by applicable law and provided that such decisions are made in accordance with these Official Rules.
HOW TO ENTER: The Sweepstakes begins at 12:00:00 AM Eastern Time (“ET”) on August 10, 2026, and ends at 8:19:59 PM ET on September 9, 2026 (the “Sweepstakes Period”). During the Sweepstakes Period, eligible entrants may enter the Sweepstakes via the Polymarket US Exchange or by mail, as described below. No other method of entry will be accepted. Limit 15 entries per person during the Sweepstakes Period, regardless of method of entry. Additional entries beyond the stated limit will be void.
• Polymarket US Exchange + Referral Method: To enter via this method, entrant must: (a) access the Polymarket US Exchange; (b) register for or log in to a valid Polymarket account on the Polymarket US Exchange and successfully complete any required identity-verification or know-your-customer requirements; and (c) opt in to the Sweepstakes through the applicable opt in option. Completion of all required steps will result in one (1) initial Sweepstakes entry.
After opting in, an entrant may earn one (1) additional entry for each “Qualified Referral,” up to a maximum of fourteen (14) Qualified Referrals. A “Qualified Referral” occurs when an individual who did not have a Polymarket account before using or redeeming the entrant’s unique referral code: (i) uses or redeems that code during the Sweepstakes Period; (ii) successfully completes all required identity-verification or know-your-customer requirements; and (iii) makes a qualifying deposit of at least $10.00 into the individual’s Polymarket account on the Polymarket US Exchange before the end of the Sweepstakes Period. Participation in Polymarket markets and trading activity is not required to enter or win and will not increase the likelihood of winning.
Both new and existing Polymarket users may participate as referring entrants. Each referred individual may be credited to only one referring entrant. Sponsor’s referral ledger, which associates each unique referral code with the applicable referring entrant, will govern the calculation and attribution of Qualified Referrals, subject to Sponsor’s review for fraud, abuse, or manifest error.
Self-referrals, referrals involving duplicate or fictitious identities, bots, automated account creation, sham accounts, manufactured activity, attempts to circumvent the entry limit, and other fraudulent or abusive conduct are prohibited. Sponsor may invalidate any purported referral or associated entry that Sponsor determines resulted from prohibited conduct or from activity that failed, was reversed, canceled, refunded, invalidated, or otherwise did not satisfy the Qualified Referral requirements.
• Free Mail-In Method (AMOE): To enter without accessing the Polymarket US Exchange, registering for or logging in to a Polymarket account, completing identity verification, making a deposit, or referring another person, legibly hand-print your full name, complete mailing address (no P.O. Boxes), email address, telephone number, date of birth, and the name of the Sweepstakes, and include the following statement: “I acknowledge that I have read, understand, and agree to the Thank You Commissioner Sweepstakes Official Rules,” on a plain 3” x 5” card (“Mail-In Entry”). Mail the Mail-In Entry in a hand-addressed, stamped envelope to: Realtime Media LLC, Attn: Thank You Commissioner Sweepstakes Entry, 2460 General Armistead Avenue, Suite 209, West Norriton, Pennsylvania 19403. Each Mail-In Entry must be mailed separately. No photocopied, mechanically reproduced, illegible, incomplete, or postage-due Mail-In Entries will be accepted. Sponsor and Administrator are not responsible for lost, late, damaged, misdirected, illegible, incomplete, or postage-due Mail-In Entries.
Mail-In Entries must be postmarked by September 9, 2026, and received by September 11, 2026 to be eligible. Limit one (1) Mail-In Entry per person. All Mail-In Entries become the property of Sponsor and will not be returned or acknowledged. Each eligible Mail-In Entry will receive a number of entries equal to the mean number, rounded up to the nearest whole number, of eligible entries earned through the Polymarket US Exchange + Referral Method during the Sweepstakes Period, subject to the overall per-person entry limit set forth in these Official Rules.
Entries received through either method will be included in the same applicable drawing or drawings and will be treated equally on a per-entry basis.
RANDOM DRAWING; ODDS: On or about September 18, 2026, within nine (9) days after the end of the Sweepstakes Period, one (1) potential winner will be selected by Administrator using a random number generator from among eligible entries received in accordance with these Official Rules (the “Drawing Date”). Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Sweepstakes. Odds of winning depend on the total number of eligible entries included in the applicable drawing.
PRIZE: One (1) winner will receive a Las Vegas group trip for the winner and up to eleven (11) guests, for up to twelve (12) total travelers (the “Destination Prize”). The Destination Prize is expected to include: (a) round-trip economy-class air transportation for the winner and participating guests from the nearest major airport to each traveler’s residence to Las Vegas, Nevada; (b) accommodations in a suite selected by Sponsor for two (2) nights; (c) a per-person stipend of $400 for each participating traveler, provided on a prepaid card issued to the group at check-in; (d) a discretionary programming fund of $12,000, which Sponsor may use in part to prebook activities, with any remaining amount provided on a prepaid card at check-in; and (e) a $500 transportation credit provided on a prepaid Visa gift card. The Destination Prize must be used during one weekend between approximately August 6 and September 6, 2027, on dates selected or approved by Sponsor and subject to availability. The current approximate retail value (“ARV”) of the Destination Prize is approximately $77,200, subject to final confirmation.
The winner may elect to travel with fewer than eleven (11) guests. Airfare and per-person stipend amounts will be reduced based on the actual number of participating travelers, but the suite and $12,000 discretionary programming fund will remain fixed. No cash or other compensation will be provided for any unused airfare, stipend, accommodations, programming, transportation credit, or other portion of the Destination Prize.
The winner may elect to receive a fixed cash alternative in lieu of the Destination Prize in the amount of $77,200 (which amount is based on the estimated ARV and will not be adjusted based on the final confirmed ARV), subject to the election procedures and deadline described by Sponsor in the winner-notification materials. No gambling, casino play, alcohol consumption, or other age-restricted activity is required as a condition of accepting or using either the Destination Prize or the cash alternative. Before either the Destination Prize or the cash alternative is awarded, the potential winner must complete and return all required tax documentation as set forth in these Official Rules.
The Destination Prize will be awarded as specified by Sponsor. The Destination Prize is non-transferable and may not be assigned or transferred, except that Sponsor may permit guest substitutions for the Destination Prize in its discretion. Before the Destination Prize is awarded, the potential winner must complete and return an IRS Form W-9 and any other required tax documentation, and Sponsor will report the value of the Destination Prize as required by law. Failure to timely provide all required documents within the time specified by Sponsor may result in the Destination Prize forfeiture, unless Sponsor grants an extension. The winner is solely responsible for all costs and expenses associated with acceptance and use of the Destination Prize, including all federal, state, and local taxes and any other costs not specifically stated herein as being awarded.
Sponsor or its designated fulfillment provider will coordinate with the winner regarding booking and fulfillment of the Destination Prize. Air travel will originate from the nearest major airport to the winner’s and applicable guest’s or guests’ residence, as determined by Sponsor or its fulfillment provider. The Winner and guests must possess all identification and travel documentation required for the trip and comply with all travel-provider requirements. Each guest must execute and return a liability release in a form provided by Sponsor prior to travel. The winner and each guest must be at least eighteen (18) years of age at the time of travel. Travel arrangements, accommodations, activities, credits, and other prize components are subject to availability, third-party terms, and any restrictions imposed by the applicable provider.
The winner may be required to provide any information reasonably required to receive and accept the Destination Prize. The winner shall be responsible for the conduct of all guests during the trip and shall indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, or liabilities arising from the acts or omissions of the winner’s guests in connection with the Destination Prize. Sponsor is not responsible for loss, theft, damage, delay, or inability to access or use the Destination Prize or the Destination Prize component after it has been transferred to the winner or the winner has otherwise been provided access to it, including due to incorrect information provided by the winner.
If the winner cancels or is unable to take the trip after accepting the Destination Prize, the Destination Prize will be forfeited, and no cash alternative or other compensation will be provided, except as otherwise expressly stated in these Official Rules. Sponsor may make reasonable efforts to address travel delays, cancellations, or other disruptions but will not be required to extend the trip, replace any unavailable or unused portion, or provide cash or other compensation because of a disruption. No compensation will be provided for any portion of the Destination Prize that the winner or guest does not accept, use, or complete.
NOTIFICATION: The potential winner will be notified by email or telephone at the contact information provided at the time of entry, as determined by Administrator (the “Prize Notification”). In the event the potential winner does not respond to the Prize Notification within forty-eight (48) hours of issuance, declines the Destination Prize for any reason, or is otherwise determined to be ineligible or noncompliant with these Official Rules, such potential winner may be disqualified, and the Destination Prize may be forfeited and awarded to an alternate potential winner selected at random from among all remaining eligible entries for the Destination Prize, time permitting.
The potential winner will be required to provide Administrator with a valid Social Security number and/or other proof of identity and eligibility and will be required to execute and return an Affidavit of Eligibility, Liability Release, IRS Form W-9, and, where lawful, a Publicity Release (collectively, the “Prize Claim Documents”). Prize Claim Documents must be completed, signed, notarized if required, and returned within seventy-two (72) hours of the date on which such Prize Claim Documents are sent to the potential winner, or the Destination Prize may be forfeited, unless Sponsor grants an extension. Failure to timely return any required Prize Claim Documents, failure to comply with these Official Rules, the return of any Prize Notification or the Destination Prize as undeliverable, or inability to accept or take delivery of the Destination Prize as required may result in disqualification and the Destination Prize forfeiture and, time permitting, selection of an alternate potential winner from among all remaining eligible entries for the Destination Prize.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By entering the Sweepstakes, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) release Sponsor, Administrator, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives, advertising and promotion agencies, and any other company associated with the Sweepstakes or Destination Prize, and all of their respective parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives (collectively, “Released Parties”), from any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from participation in the Sweepstakes, receipt, acceptance, possession, use, misuse, or inability to use the Destination Prize (or any portion thereof), except to the extent caused by the gross negligence or willful misconduct of a Released Party or otherwise prohibited by applicable law.
By entering the Sweepstakes, each entrant expressly grants permission to be contacted by Sponsor and/or Administrator by telephone, email, and/or postal mail as reasonably necessary for administration and fulfillment of the Sweepstakes and, subject to entrant’s separate opt-in at the time of entry, for marketing and promotional communications from Sponsor relating to the Polymarket US Exchange. The winner, by acceptance of the Destination Prize and where permitted by law, grants to Sponsor and its designees the right to publicize such winner’s name, city and state of residence, the Destination Prize information, photograph, voice, statements, and/or other likeness for advertising, promotional, trade, and any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes, to the extent permitted by applicable law and provided that such decisions are made in accordance with these Official Rules. Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, or garbled entries, transmissions, email, form submissions, telephone calls, or other communications; lost, interrupted, or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, mobile application, API, website, promotion webform, or other connections; availability, accessibility, miscommunications, or failures of computer, satellite, telephone, cable, or wireless transmissions or lines; computer hardware or software malfunctions, failures, or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; errors in the processing or validation of referral codes or Qualified Referrals; printing, typographical, or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements, or other materials; or any other errors, problems, or difficulties of any kind, whether human, mechanical, electronic, or other, relating to the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with administration of the Sweepstakes, processing of entries, operation or receipt of entries, announcement of any winner, or any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by app users, form users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes, submitting an entry, downloading materials from, or use of the Polymarket US Exchange. Persons who tamper with or abuse any aspect of the Sweepstakes, app, website, promotion webform, referral process, or entry process; attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices; intend to annoy, abuse, threaten, or harass any other entrant or any representative of Sponsor; or who are in violation of these Official Rules, as determined by Sponsor in good faith and in accordance with these Official Rules, will be disqualified and all associated entries will be void. Sponsor may disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes and may resolve related disputes in good faith and in accordance with these Official Rules. Released Parties (a) make no warranty, guaranty, or representation of any kind concerning the Destination Prize (or any portion thereof) and (b) disclaim any implied warranty to the fullest extent permitted by applicable law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Sweepstakes or these Official Rules must be filed within one (1) year after such claim or cause of action accrues, or it shall be forever barred.
Sponsor reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) at any time and for any reason, including but not limited to the occurrence of any event beyond Sponsor’s control, such as: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network, API, website, promotion webform, or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; unavailability of the Destination Prize; or federal, state, or local government law, order, or regulation. Sponsor also reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor further reserves the right to substitute any prize or prize component with one of comparable or greater value, in whole or in part, at Sponsor’s sole discretion, due to unavailability or for any other reason.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE POLYMARKET US EXCHANGE, ANY WEBSITE, PROMOTION WEBFORM, OR ANY OTHER PLATFORM ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR AND ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro, bot, or any other mechanical or automated means, or by any means which subvert the entry process, will be disqualified. In the event of a dispute as to the identity of an entrant or other entry information, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry, provided such individual is eligible according to these Official Rules. The “Authorized Account Holder” is the natural person to whom the applicable Internet Service Provider (“ISP”) or other organization (such as a business or educational institution) has assigned the submitted email address for the domain associated with such email address. In the event of a dispute regarding the identity of an entrant using the Polymarket US Exchange method of entry, Sponsor and Administrator may use the identity-verification information associated with the applicable Polymarket US Exchange account to resolve the dispute.
ARBITRATION AGREEMENT; CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH SPONSOR AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Sponsor arising under or related to these Official Rules or your participation in the Sweepstakes, including, without limitation, claims relating to Sponsor’s advertisements, disclosures, e-mail, SMS or other messages sent in connection with the Sweepstakes, or Sponsor’s collection, processing or retention of your information in connection with the Sweepstakes (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures (the “Arbitration Agreement”), except that either party may assert claims in small claims court. Under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, special, statutory, or any other damages, other than for actual out-of-pocket expenses, except to the extent such limitation or waiver is prohibited by applicable law. This damages limitation shall apply regardless of whether the Dispute is resolved through arbitration, in court, or in any other forum.
A. 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to Legal@polymarket.com or by mail to Sponsor, Attn: Legal, 228 Park Ave S, PMB 750480, New York, New York 10003-1502 (the “Notice Address”). The notice must be sent within thirty (30) days of the date posted at the top of these Official Rules or your first participation in the Sweepstakes, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the Arbitration Agreement, Sponsor also will not be bound by the Arbitration Agreement with respect to disputes brought by you, and you and Sponsor may exercise your right to trial by judge, as permitted by applicable law. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Official Rules and you agree to be bound by all other provisions of these Official Rules, which shall remain in effect as allowable by law.
If you and Sponsor previously or otherwise agreed to arbitrate disputes related to Sponsor’s services, the prior or other agreement to arbitrate disputes will continue to apply if you opt-out of this Arbitration Agreement.
B. Pre-Arbitration Dispute Resolution. Before initiating a lawsuit or arbitration, you and Sponsor agree to try to resolve Disputes informally by emailing a written notice (“Written Notice”) of the dispute to the other party. The Written Notice must include: (1) the name of the party bringing the Dispute; (2) the email address(es) associated with your relationship with Sponsor; (3) a detailed description of the Dispute; and (4) how you’d like to resolve the Dispute.
The Written Notice must be provided on an individualized basis. You agree to send the Written Notice to Sponsor at the Notice Address, and Sponsor will send the Written Notice to you at the email address associated with your entry. You and Sponsor agree to meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also attend the conference (Sponsor may attend through any authorized representative), unless the party receiving the Written Notice states in writing that the other party is not required to personally attend.
If the dispute is not resolved within thirty (30) days after the telephone or videoconference occurs, you and Sponsor agree to resolve any remaining Dispute through further informal discussions or one of the formal dispute resolution provisions below.
The Pre-Arbitration Dispute Resolution procedure in this Section is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding, unless exempted by law. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution procedure. Notwithstanding anything to the contrary in this Arbitration Agreement, a court of competent jurisdiction shall have authority to enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
C. Arbitration Procedure. If informal resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes (except as otherwise provided herein) subject to the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”) then in effect as modified by (1) the terms set forth below and (2) the Mass Filings provisions below. The JAMS Rules are available at https://www.jamsadr.com.
This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.
The parties agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. To the maximum extent permitted by law, no effect shall be given to state laws concerning arbitration procedure.
WAIVER OF RIGHTS INCLUDING JURY TRIAL. YOU AND SPONSOR UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU AND SPONSOR FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU AND SPONSOR HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE OFFICIAL RULES AND ARBITRATION AGREEMENT, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND SPONSOR ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM.
With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” above and the “Mass Filings” Section below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and/or the “Mass Filings” Section are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Sponsor shall be entitled to arbitrate the dispute in question.
This provision does not prevent you or Sponsor from participating in a class-wide settlement of claims.
D. Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (1) the arbitrator determines there is good cause to hold an in-person hearing or (2) the parties agree otherwise. Except as otherwise provided in the “Mass Filings” Section or unless you and Sponsor agree otherwise, in the event there is an in-person proceeding (1) if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or (2) if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in New York, New York.
E. Arbitration Rules and Governing Law. Except as modified by this Arbitration Agreement including, if applicable, the Mass Filings Section below, JAMS will administer any arbitration in accordance with the JAMS Rules in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures permitting class or representative actions.
Except where prohibited by applicable law, the arbitrator shall apply the substantive law of the State of New York without giving effect to any law that would result in the application of the law of any other jurisdiction. You and Sponsor agree that dispositive motions will be allowed in the arbitration.
If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and Sponsor submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.
Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Sponsor (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
F. Form of Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is a party to this Arbitration Agreement and to these Official Rules. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.
G. Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under the JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
H. Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 50 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) against Sponsor within reasonably close temporal proximity (a “Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” Section: (A) to administer the Mass Filing in batches of 50 demands per batch (to the extent there are fewer than 50 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by Sponsor and the claimants, shall only be due after the demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 50 demands proceeding through filing, processing, and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitations applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS Rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the JAMS Rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual agreement of the parties, the arbitrator will determine the location where the proceedings will be conducted.
You and Sponsor agree to cooperate in good faith with each other and the arbitration provider or arbitrator to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims, as well as any other processes or procedures that the arbitration provider or arbitrator believes will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of fifty (50) cases too small for the prompt resolution of all filed claims, you and Sponsor agree that JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five (5)) batches at a time as determined in the reasoned discretion of the JAMS procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS procedural arbitrator.
This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS Mass Arbitration Procedures & Guidelines or authorizing class arbitration of any kind.
The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by JAMS, with Sponsor and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. Sponsor, the remaining claimants and their counsel, and the mediator will then have ninety (90) days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Sponsor or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction, subject to the Class Action Waiver and Jury Trial Waiver provisions of these Official Rules. Notice of the opt-out will be provided in writing within sixty (60) days of the close of the Mediation Period. If neither Sponsor nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process with all remaining batches consolidated and adjudicated concurrently.
I. Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity subject to the modifications herein. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Pre-Arbitration Dispute Resolution Process.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with these Official Rules, including, but not limited to, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the limitations and waiver of liability as to the types and the amount of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
J. CLASS ACTION WAIVER. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND SPONSOR THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
K. JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPONSOR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES.
GOVERNING LAW AND JURISDICTION: These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A., applicable to contracts entered into and performed exclusively in that State. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
WINNER LIST: To receive the name(s) of the winner, send a #10 self-addressed, stamped envelope for receipt by October 20, 2027, to: Thank You Commissioner - Winner List Request, c/o Realtime Media LLC, 2460 General Armistead Ave, STE 209, West Norriton, PA 19403. Vermont residents may omit return postage.
SPONSOR: The Sponsor of this Sweepstakes is Blockratize Inc., 228 Park Ave S, PMB 750480, New York, New York 10003-1502.
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