HedgEye On The Prize™ Contest Terms & Conditions
BY SELECTING THE "Yes I agree to the Terms and Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY, THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH HEDGEYE RISK MANAGEMENT, LLC (“Hedgeye”) OFFERS YOU ENTRY INTO THE HEDGEYE ON THE PRIZE CONTEST.
1. Participant Agreement
VOID, IN WHOLE OR PART, WHERE PROHIBITED This Participant Agreement (the "Agreement") between you (“you” or “Participant”) and HedgEye on the Prize Contest (the “Contest”) sponsors, Hedgeye and Stock-Trak Group, Inc. (“Stock-Trak”), (collectively, the “Sponsors” or “we”), governs the Contest, as made available through the Contest Websites www.HedgeyeOnThePrize.com and https://hedeyeontheprize.stocktrak.com (collectively, the “Website”). Anyone accessing the Contest Website agrees to abide by this Agreement. The contest rules appear under the Contest Rules page (the “Contest Rules”) and form part of this Agreement. In the event of any discrepancy or inconsistency between the provisions of the Agreement and the Contest Rules, the Contest Rules shall prevail, govern and control. Hedgeye may modify the Agreement or the Contest Rules at any time, and such modification shall be effective immediately upon posting on the Contest Website. Your continued participation in the Contest or use of the Contest Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Contest Rules.
The Contest Website is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of both Sponsors. Data provided on the Contest Website has been licensed to Stock-Trak from a third-party provider and may be delayed as specified by financial exchanges information providers. Stock-Track and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed. NEITHER THE CONTEST, NOR THE WEBSITE, OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE CONTEST AND THE WEBSITE ARE PART OF A STOCK MARKET INVESTMENT SIMULATION ONLY. NO ACTUAL MONEY IS CREDITED TO ANY ACCOUNT, NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE CONTEST. NO INFORMATION PROVIDED ON THE WEBSITE OR PURSUANT TO THE CONTEST SHALL BE CONSTRUED OR TAKEN AS INVESTMENT ADVICE. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.
Eligibility for participating in the Contest and/or prize qualification is based on the sole discretion of the Sponsors and your compliance with the Contest Rules available at [link to contest rules page]. The Sponsors reserve the right to disqualify any Registrant at any time and for any reason at their sole discretion. The Contest is open only to legal U.S. residents age eighteen (18) years or older at the time of entry.
Registration for the Contest is an online process. To register, click on the Registration page. By registering to participate in the Contest, you certify that any and all information you supply in the registration process is current, truthful and complete. You also certify that you, the Participant, will be the only authorized user of the Website using your username and password. You agree not to provide or make known your username and password to any other person for the purpose of facilitating that person's access and unauthorized use of the Website. You may not register on behalf of, nor provide personal information relating to, another person.
The contents of the Website, including its "look and feel" (e.g. , text, graphics, images, logos and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected under United States, Canadian and foreign copyright, trademark and other laws. These contents belong the Sponsors and their vendors or providers and are licensed accordingly. The Sponsors hereby grants you the right to view and use the Website subject to the Agreement. You may download or print a copy of the information the Website contains for your personal, internal and non-commercial use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited.
6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe your work has been copied and posted on the Website in a way that constitutes copyright infringement, email firstname.lastname@example.org with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Website; (iv) your contact information, including address, telephone number and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. Disclaimer of Warranties
YOU HEREBY EXPRESSLY AGREE THAT ACCESS TO, AND USE OF, THE WEBSITE, AND PARTICIPATION IN THE CONTEST, IS AT YOUR SOLE RISK. THE WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WARRANTIES HEREBY DISCLAIMED INCLUDE ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. We make no guarantee that the information on the Website is up to date, accurate, or complete and you should not rely on it for any decision or to take any action. By entering the Contest, you agree to waive any right to claim any ambiguity or error in the Agreement, the Contest Rules or the Contest itself and agree to be bound by the Agreement and the Contest Rules and by all decisions of Hedgeye and/or Stock-Trak, which are binding and final. In the event of any unanticipated occurrence that was not fully addressed by the Contest Rules, such matter shall be addressed in the Sponsor’s sole discretion. The Sponsors hereby disclaim any warranty that the information on this Contest Website will be free of interruption or that the Contest Website is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The Sponsors are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these Contest Rules, any human or electronic error, including but not limited to, the administration of this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged. All decisions made by the Sponsors in computing points, creating awards, conducting drawings or in conducting any and all other aspects of the Contest are made in their sole discretion.
8. Disclaimer of Contest Website Performance
Neither the Sponsors, nor any other third-party provider are liable for any delay or failure of the Website or the simulation to perform. There is no guarantee that Participants will be able to access the Website whenever and wherever desired. There may be extended periods of time when you cannot access the Website for various reasons, many beyond our control. Heavy player traffic on the Website may affect your access to the Website. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the Website's operation or downtime. The Contest will not recognize the attempted trades that the Website did not process.
9. No Investment Advice by the Sponsors
The Sponsors do not provide tax, legal, or investment advice, nor are authorized to provide such advice for the purposes of this Contest. The Sponsors do not endorse any opinions, recommendations or predictions regarding stock performances that are posted on or linked from the Website. Mention of a particular security on the Website does not constitute a recommendation by the Sponsors to buy, sell or hold that or any other security, nor is it to be considered an offer or a solicitation of an offer to buy or sell any actual security. You hereby 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.
11. Hedgeye Proprietary Right to Content
In accordance with the Contest Rules, winners of any phase of the Contest waive all rights of privacy and publicity and expressly allow Hedgeye to publicize their names and prizes as it sees fit, without any further consideration due to Participant. You hereby agree that any information transmitted to the Website in connection with the Contest is for use by the Sponsors, and as applicable, their affiliates and vendors or suppliers, only and is subject to the terms of the Rules and the Contest Privacy Notice.
12. Content Posted and Activities on the Website
You understand and agree that the Sponsors may review and edit or delete any content, messages, photos or profiles (collectively, "Participant Content") that in the sole discretion of the Sponsors, violates the Agreement, the spirit of the Contest, or which may be offensive, illegal or violate the rights, harm, or threaten anyone’s personal, professional or commercial interest. The following is a non-exhaustive list of Participant Content or activities which are prohibited:
- Content that is patently offensive and/or promotes racism, bigotry, hatred or harm of any kind against any group or individual.
- Activity that harasses or advocates harassment of another person or entity or disparages or intends to interfere with the business of a Sponsor or third-party.
- Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
- Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Website.
- Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Soliciting passwords or personal identifying information from other Participants or prospective Participants.
- Providing commercial activities and/or sales without our prior written consent.
- Modifying, adapting, translating, or reverse engineering any portion of the Contest or Website.
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Website or content associated therewith.
- Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Contest or Website.
- Reformatting or framing any portion of the web pages that are part of the Contest Website.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Hedgeye or Stock-Trak.
- Submitting Materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any third-party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Submitting Materials that are unlawful or promote or encourage illegal activity.
13. Proprietary Rights to Third Party Content
By submitting, posting or displaying any Participant Content, including but not limited to commentary, blogs, social media posts and opinions, on, through, about or pursuant to, the Contest, you automatically grant to the Sponsors, a worldwide, non-exclusive, sublicense able, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Participant Content. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
14. Electronic Communications
By registering for the Contest, you agree to receive updates in the form of emails throughout your participation in the Contest. By registering, you also agree to conduct business with the Sponsors electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on the website. We also reserve the right to effect delivery of notices or disclosures by posting to the Website with no email transmission, to the extent permitted by applicable law.
You may not transfer any rights or obligations you may have under the Agreement. The Sponsors reserve the right to transfer or to subcontract any right or obligation under the Agreement at our sole discretion without your consent.
If any term or provision of the Agreement is found by a court or arbitrator, of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of the Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.
17. No Third-Party Beneficiaries
A person who is not a party to the Agreement has no rights under the Agreement.
18. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DISPUTE WITH THE SPONSORS (OR ANY OF THEIR EMPLOYEES, CONTENT AUTHORS OR PROVIDERS, OFFICERS, MEMBERS OR DIRECTORS, COLLECTIVELY “PERSONNEL”), THEIR LICENSORS, SUPPLLIERS OR AFFILIATES, RELATING TO, OR ARISING FROM THE CONTEST, IS TO STOP USING THE WEBSITE AND/OR DISCONTINUE ENGAGEMENT IN THE CONTEST. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE SPONSORS, THEIR PERSONNEL, LICENSORS, SUPPLIERS ORAFFILIATES BE LIABLE FOR ANY ACT OR FAILRE TO ACT, REGARDING ANY CONDUCT, COMMUNICTAION OR CONTENT ASSOCIATD WITH THE WEBSITE, THE CONTEST OR ANY RELATED CONTENT. AT ANY EVENT, IN NO CASE SHALL THE SPONSORS, THEIR LICENSEORS, SUPPLIERS, AFFILIATES OR PERSONNEL BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNANTIVE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER SUCH ALLAGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless the Sponsors, their Personnel, and Sponsors’ licensors, suppliers and affiliates, from and against all claims, suits, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of the Contest, the Contest Rules by you, or any other wrongful activity related to your participation in the Contest, or accessing the Website, (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) or any other person accessing the Website using your user name and password. If you fail to provide a defense satisfactory to the Sponsors, the Sponsors may assume their own defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
20. Arbitration and Governing Law
Any controversy, claims or disputes arising from or relating to the Contest, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort, which are not within the sole discretion of the Sponsors, shall be decided by arbitration in the State of Connecticut, pursuant to the Commercial Arbitration Rules (“CAR”) of the American Arbitration Association currently in effect, unless otherwise expressly agreed to in writing by all Sponsors involved in the dispute. Notice of the demand for arbitration must be provided, in writing, to the other Party and must be made within thirty (30) days after the dispute has arisen; time is of the essence. All statutes of limitation, which would otherwise be applicable in a judicial action brought by a Party, will apply to any arbitration or reference proceeding hereunder. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Connecticut. The arbitration agreement herein among the Parties will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither Party will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome (unless fee shifting provisions apply pursuant to applicable law or CAR). This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. By agreeing to this Arbitration clause, you expressly waive any right to a jury trial.