Sweepstakes Terms and Conditions

Dated as of 6.28.2024

‍NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE A USER’S CHANCES OF WINNING. VOID WHERE PROHIBITED.

The “Sponsor/Promoter” of the Sweepstakes is ProphetX SubOpCo. (USA) (“ProphetX ”) with an address at 651 North Broad St Suite 201, Middletown, DE, 19709. ProphetX is referred to herein as “ProphetX” or  “We” or “Our” or “Us”. 

APPLE AND GOOGLE ARE NOT SPONSORS OF, RESPONSIBLE FOR CONDUCTING, OR INVOLVED WITH THE SWEEPSTAKES IN ANY MANNER.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME. SEE SECTION 11 FOR MORE INFORMATION.

ProphetX gives away sweepstakes entries referred to as “ProphetX Cash” as set out in these Sweepstakes Rules. ProphetX Cash can be used to play sweepstakes games for a chance to accumulate eligible ProphetX Cash that can be redeemed for cash and prizes subject to the terms of these Rules.  

All users in the ProphetX Sweepstakes must register and hold an active account with ProphetX and MUST accept the Terms and Conditions, in which incorporate, reference, and apply to the Sweepstakes Terms and Conditions herein. The Sweepstakes Terms and Conditions govern and control the ProphetX Sweepstakes and are meant to be considered as part of the General Terms and Conditions.

1. ELIGIBILITY TO PARTICIPATE

1.1. ProphetX Sweepstakes (the “Sweepstakes”) is open only to legal residents located in the states of the United States (excluding Michigan, Montana, Nevada, and Washington), who are at least eighteen (18) years old or the age of majority in their jurisdiction (whichever occurs later) at the time of entry. Additional rules regarding eligibility apply (e.g. see Section 1.3).  PARTICIPATION IS VOID WHERE PROHIBITED BY LAW.

1.2. A user who participates in the ProphetX Sweepstakes is a “User.”

1.3. Users located in Alabama, Georgia, Iowa, Indiana, Kentucky, Louisiana, Minnesota, Mississippi, Ohio, and South Carolina will only be able to obtain entries through the methods described in 2.2(a) and 2.2(c) ONLY, and NOT through the methods described in 2.2(b) and 2.2(d).

1.4. The Sweepstakes is subject to all applicable federal, state, provincial, territorial and local laws and regulations. It is the sole responsibility of a User to determine whether the Sweepstakes is legal and compliant with all regulations in the jurisdiction in which the User resides.

1.5. Participation constitutes the User’s full and unconditional agreement to these Sweepstakes Rules and Sponsor’s/Promoter’s decisions, which are final and binding in all matters related to the Sweepstakes.

 

1.6. Winning a prize is contingent upon fulfilling all requirements set out in these Sweepstakes Rules.

1.7. Employees and former employees of ProphetX Inc., any of its affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence) are not eligible to participate.

1.9. Sweepstakes Period (excluding New York and Florida). The Sweepstakes as set forth in these Rules begins on 12:00:01AM EST is scheduled to end on 11:59:59 p.m. EST of the same day.

1.10 New York and Florida Sweepstakes Period. The New York and Florida Sweepstakes as set forth in these Rules begins on 12:00:01AM EST is scheduled to end on 11:59:59 p.m. EST of the same day.

2. INSTRUCTIONS TO COLLECT PROPHET CASH

2.1. A User must create and maintain an account with ProphetX. Creation of an Account is free and no purchase is ever required. You may create an Account free of charge by downloading the ProphetX App in the Apple App Store and Google Play store or signing up on our website at INSERT WEB. To enter the Sweepstakes, a User must access ProphetX through the application or website and sign in.

2.2. There are four potential ways to collect Prophet Cash to use in the Sweepstakes:

(a) Receive Prophet Cash for free as a bonus when purchasing Prophet Points. Each User shall automatically receive Prophet Cash as a free bonus in connection with the purchase of Prophet Points if a bonus is applicable to that purchase as indicated on the Platform. If a bonus is applicable it will be clearly displayed at the time of the purchase.

(b) Receive Prophet Cash for free as a bonus when collecting free Prophet Points. Describe process of how the user can get Prophet Cash when collecting Free Points

(c) Receive Prophet Cash for free when entering Prophet Cash no-cost giveaway contests on the ProphetX social media and marketing pages. The Sponsor/Promoter reserves the right to hold Prophet Cash no-cost giveaway contests which Users can enter by following instructions given on the ProphetX social media pages. These giveaways may require sharing posts or answering various game related questions to be eligible for entry. The amount of Prophet Cash given away will be stated on the applicable Prophet Cash no-cost contest post, and will be credited to each contest winner’s account at the conclusion of the giveaway. These giveaways may be subject to additional restrictions and rules as referenced in the giveaway materials at the time of the contest, as well as these Terms of Use and the Sweepstakes Rules in effect at the time.

(d) Free Mail-In Entry Method - 

INSERT P.O. BOX ADDRESS

Users must adhere to the following process to receive Prophet Cash by post:

1. Handwrite User’s return address on the front of the envelope and the words: “Prophet Sweepstakes Cash”; and

2. Handwrite all of the following on only one side of the letter inserted inside the envelope in the following order:

(a) User’s full name as shown on their government issued identification;

(b) The email address registered to User’s ProphetX account;

(c) The username associated with User’s ProphetX account;

(d) The User ID# associated with User’s ProphetX account

(e) The return/residential address registered to User’s ProphetX account; and

(f) The following statement:

“I wish to receive Prophet Cash to participate in the sweepstakes promotions offered by ProphetX. By submitting this request, I declare that I have read, understood, and agree to be bound by ProphetX’s Terms of Use and Sweepstakes Rules.”

3. There is a limit of one request per outer envelope. 

4. For each request a User submits, the User will at this time receive ## Prophet Cash credits.  THE MAXIMUM NUMBER OF REQUESTS PER User SHALL BE 1 MAIL IN REQUESTS PER SWEEPSTAKES PERIOD – ALL REQUESTS IN EXCESS OF 1 PER SWEEPSTAKES PERIOD SHALL BE DEEMED NULL AND VOID, AND SHALL NOT “CARRY OVER” TO ANOTHER PROMOTIONAL PERIOD. The Prophet Cash awarded via this method will be added to the eligible User’s account subject to account verification and compliance in full with this subsection (d). 

5. NOTE: A User must ensure that their handwriting is legible. If the User’s hand writing is not legible or otherwise fails to comply with this subsection (d), the entry will be void and the ProphetX Cash will not be credited to the User’s account. The legibility of a User’s handwriting shall be determined by Sponsor/Promoter in its sole discretion. 

6. THE REQUEST MUST ONLY BE MADE BY THE USER AND MUST BE POSTED FROM THE SAME STATE OR PROVINCE AS THE USER’S VERIFIED RESIDENTIAL ADDRESS. Requests made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and Prophet Cash will not be credited to the User’s account. 

7. Tampering with the entry process or the operation of the Sweepstakes, is prohibited and any requests/entries deemed by Sponsor/Promoter, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted a request cannot be resolved to Sponsor/Promoter’s satisfaction, the affected request/entry will be deemed ineligible, in the sole discretion of ProphetX.

2.3. The amount of Prophet Cash a User is awarded from all sources under Sections 2.2 (a)-(d) shall be as reflected in these Rules or on the Platform and may be changed at any time by the Sponsor/Promoter in its sole discretion.

 

2.4. The amount of Prophet Cash a User is awarded from all sources under Sections 2.2 (a)-(d) will be displayed in their account in their ProphetX account.

2.5. In the event of a dispute as to any registration, the authorized account holder of the email address used to register the ProphetX account will be deemed to be the User. The “authorized account holder” is the natural person assigned the email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

2.6. Sponsor/Promoter is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected ProphetX Cash requests or allocations.

2.7. Inactive Accounts.  If a User does not login to their Customer Account within a 365 day period or their account is otherwise deemed inactive in the sole discretion of ProphetX, User will forfeit any balance of Prophet Cash.  Unless ProphetX agrees and decides otherwise, Prophet Cash is only valid for thirty (30) days from the date the User last logged on to their Customer Account and will thereafter automatically expire.

2.9. Prophet Cash will be forfeited if a User’s account is closed or terminated for any reason, or otherwise at the Sponsor/Promoter’s sole discretion.

3. USING PROPHET CASH 

3.1. Users with Prophet Cash can use their Prophet Cash to play sweepstakes games within Prophet for a chance to win additional Prophet Cash. Prophet Cash accumulated through game play can be redeemed for cash and prizes of monetary value in accordance with these Rules.

3.2. Within the Games section of the Application the User will be able to change their Game mode between playing with Prophet Points and Prophet Cash. Once in Prophet Sweepstakes mode, the User will be able to use Prophet Cash in the Prophet Sweepstakes games. The amount of Prophet Cash the User stands to win will be displayed on the Platform. If User is correct in their Game prediction, the User increases their Prophet Cash balance by the payout amount and if they are incorrect the amount of Prophet Cash the User used in the game is not returned. See Terms of Use for information on Making Offers, Accepting Offers, and Commission.

3.3. Only sweepstakes games played with Prophet Cash provide the opportunity to win additional Prophet Cash that may be redeemed for cash and prizes subject to these Rules.

3.4. Prophet Cash that has been won through game play (rather than collected using one of the methods described in Section 2 above) and is accumulated by User may be redeemed for a prize, subject to maximum and minimum prize redemption amounts stated in Section 6. ProphetX Cash possesses no real monetary value and may only be used to request a prize redemption to be approved and processed by the Sponsor/Promoter. Approval is subject to User completing all verifications to confirm eligibility and adherence to all Sweepstakes Rules and Terms of Use of the Platform.

 

3.5. The use of automated or systematic methods of play to win, and/or redeem ProphetX Cash for cash and prizes are strictly prohibited. Utilizing methods such as making equal and opposite selections, utilizing multiple accounts and identities, referring oneself to earn additional credits, and other collusive methods are not permitted and may result in account closure and forfeiture of ProphetX Cash, in the sole discretion of ProphetX.

3.6. Sponsor’s/Promoter’s decisions as to the administration and operation of the Sweepstakes, the game and the amount of winnings are final and binding.

3.7. Redemption. ProphetX Cash obtained by any method in Section 2.2(a)-(d) is not immediately available for redemption of a prize and must be used at least once in a ProphetX Cash game before it shall be considered eligible toward a prize redemption request; and, any ProphetX Cash obtained by a User by any method in Section 2.2(a)-(d) must be used in a game where the odds of winning have an implied probability of 75% or less, which equates to displayed odds in the game of -300 or longer (e.g. -200, +100, +200...etc), before the ProphetX Cash, if any, won by the User in the ProphetX Cash Game, may be eligible to be redeemed. Sponsor/Promoter may, in its sole discretion, require that any ProphetX Cash allocated to a User under any method in Section 2.2(a)-(d) must be used more than one time (not exceeding 20 times) in any combination of ProphetX Cash games before it is eligible to be redeemed.

3.8. Sponsor/Promoter reserves the right to change the prize win rates and payout odds of any of the Sweepstakes games at any time. A User can obtain the actual and any amended details of any game at the point of entering an amount to play in the ProphetX Cash Game. It is a User’s responsibility to check the prize available on each occasion before they participate.

4. VERIFICATION AND CONFIRMATION OF POTENTIAL WINNERS

4.1. POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR/PROMOTER (IN ANY MANNER IT MAY CHOOSE) AND THE DECISIONS OF SPONSOR/PROMOTER ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A USER IS NOT A WINNER OF ANY PRIZE, EVEN IF THE ONLINE SCREEN INDICATES THEY ARE, UNLESS AND UNTIL THE USER’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND THE USER HAS FULLY COMPLIED WITH THESE SWEEPSTAKES RULES AND BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR/PROMOTER WILL NOT ACCEPT SCREEN SHOTS OR OTHER MATERIALS IN LIEU OF ITS VALIDATION PROCESS.

4.2. Potential prize winners must comply with these Sweepstakes Rules and winning is contingent upon fulfilling all requirements.

4.3. A potential prize winner may be required to sign and return to Sponsor/Promoter, an affidavit/declaration of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize (if applicable).

4.4. If a potential winner cannot be contacted, fails to properly execute and return the affidavit/declaration of eligibility and liability/publicity release within the required time period (if applicable), fails to comply with these Sweepstakes Rules, or if the prize or prize notification is returned as undeliverable, that potential winner forfeits the prize.

5. ODDS OF WINNING

5.1. Odds of winning will vary for each Game and will be published by the Sponsor/Promoter from requests from other Users. All odds of winning will be visible to all Users through the Platform.

5.2. The User will choose the Game and will use Prophet Cash to play, and their win expectancy (odds of winning a Prize) will be a function of these choices or their own choice if they offer odds and the odds are matched.

6. PRIZES

6.1. A User’s Prophet Cash balance is displayed in the User’s Wallet on the Platform.

6.2. User must successfully complete a Know-Your-Customer (KYC) Verification process provided by the Sponsor/Promoter to validate eligibility to participate before redeeming any prize. This includes, but is not limited to, providing proof of a valid government-issued photo identification, proof of address, validation of SSN, and Sponsor/Promoter’s discretion, other verification documents.

6.3. TO BE ELIGIBLE FOR A SWEEPSTAKES PRIZE OR A SWEEPSTAKES PRIZE REDEMPTION:

(a) A User MUST BE A LEGAL RESIDENT OF AND LOCATED IN THE STATES OF THE UNITED STATES (EXCLUDING WASHINGTON, MICHIGAN, MONTANA, AND NEVADA);

(b) THE USER’S DETAILS MUST MATCH THOSE OF THE USER’S ACCOUNT.

6.4. The maximum redemption of a prize won by a single user during any Sweepstakes Period (“Maximum Redemption”) is limited to the value of US $5,000 in New York or Florida. Any requested Redemption in excess of the value of US $5,000 in New York or Florida, will not be paid to the User during the period, but must be deferred until the next Sweepstakes Period.

6.5. The minimum redemption of a prize which may be requested by a User during any Sweepstakes Period (“Minimum Redemption”) shall be 50 eligible Prophet Cash accumulated in your Account as to which the activity necessary for redemption has been satisfied, which currently corresponds to a $50 prize redemption request.  Any requested redemption less than the Minimum Redemption shall not be permitted via the Platform or paid to the User. 

 

6.6. We reserve the right to charge commission, handling, and/or payment processing fees for processing the redemption of Prizes.

6.7. Sponsor/Promoter reserves the right, in its sole discretion, to limit a User’s redemption of Prophet Cash to the a specific value per week.

6.8. User shall solely be responsible for any commission, federal, state or local taxes or fees associated with any prize redemption. Users are responsible for remittance of all applicable taxes and fees associated with prize receipt and/or redemption and should consult their accounting or tax experts for any assistance. 

6.9. Prophet Cash is non-transferable and no substitution will be made except as provided herein at the Sponsor’s/Promoter’s sole discretion. Sponsor/Promoter reserves the right to substitute the listed prize of equal or greater value for any reason owing to circumstances outside Sponsor’s/Promoter’s reasonable control.

6.10. Prize winners must request the release of their Prize solely through the Platform.

7. REDEMPTION OF PRIZES

7.1. Subject to these Terms and Conditions:

(a) Prizes shall be allocated to the Customer Account and paid or sent to the email address and/or bank account associated with your Account.  We will only communicate with persons using the email address registered and associated with the Account.

7.2. You agree that we are entitled to conduct any identification, credit and other verification checks that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities.

7.3. Until all required verification checks are completed to our satisfaction:

(a) any request you have made for redemption of Prizes will remain pending; and

(b) we are entitled to restrict your Customer Account in any manner that we may reasonably deem appropriate, including by suspending or deactivating your Customer Account.

7.4. We will carry out additional verification procedures for any single or cumulative of Prizes valued at $600 or more, and We reserve the right to carry out such additional verification procedures in the case of a request to redeem any amount. Additional verification procedures may, for example, include requests for and examination of copies of your identification documentation (including photo identification) such as SSN, passport and proof of your address such as a utility bill.

7.5. Where any identification, credit or other verification check we require cannot be completed to our satisfaction because you have not provided any document we request from you in the form that we require within 30 days of the date the document was first requested, the redemption request will be disqualified and deemed null and void. In addition, ProphetX shall be under no obligation to continue with the verification check and may in our sole discretion deactivate your Customer Account.

 

7.6. Users who have questions regarding any deactivated or suspended account should contact Customer Support by emailing hello@betprophet.co

7.7. ProphetX reserves the right to run external verification checks on all cardholders with third party credit agencies on the basis of the information provided on registration.

7.8. We reserve the right, in our sole discretion, to refund purchases in lieu of processing a prize redemption via the method selected by the winning User. If that occurs, Refunds will be made to the same payment source used to purchase the Prophet Points.

7.9. We make our best efforts to process requests within the quoted amount of time but do not guarantee processing times for prizes.

7.10. You acknowledge and agree that it in some circumstances it may take up to 30 days to process the payment of any redeemed Prizes to you.

7.12. Redemption of Prizes may experience delays due to our identity verification process. Prizes of $600 of more may require a longer processing time than usual due to security and fraud checks and may also be allocated in more than one equivalent lump sum. This may add up to 7 days to the normal processing time, but is dependent on the circumstances of each individual case.

7.13. Prophet Cash may be forfeited if a Customer Account is deactivated due to a violation of our Terms of Use or for any reason, or at our discretion.  See Terms of Use.

7.14. If we mistakenly credit your Customer Account from time to time with Prizes that do not belong to you, whether due to a technical error, human error or otherwise, the amount will remain property of ProphetX and will be deducted from your Customer Account. If you have been issued a Prize that does not belong to you, the value of the mistakenly issued Prize will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify Customer Support by using the “Contact” link on the Platform or by emailing hello@prophetx.co  ProphetX at all times reserves the right to deduct Prophet Cash from your Account or otherwise charge or adjust your account to correct errors.  

7.15. It is the responsibility of the User to retain copies of transaction records and these Sweepstakes Rules as updated from time to time.

8. ENTRY CONDITIONS AND RELEASE

8.1. By participating, each User agrees to:

(a) comply with and be bound by these Sweepstakes Rules and the decisions of the Sponsor/Promoter which are binding and final;

(b) release and hold harmless the Sponsor/Promoter and its parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a User’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prizes (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and

(c) indemnify, defend and hold harmless the Sponsor/Promoter from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to a User’s participation in the Sweepstakes and/or User’s acceptance, use or misuse of prizes.

9. WINNER’S LIST

9.1. Except where prohibited, participation in the Sweepstakes constitutes each User’s consent to Sponsor’s/Promoter’s and its agents’ use of User’s name, likeness, photograph, voice, opinions and/or hometown and state/province/territory for promotional purposes in any media, worldwide, without further payment, notice or consideration.

9.2. For a list of winners during a Sweepstakes Period within a year from the date of request, send a request in writing by mail, specify the Day, Month, and Year requested (one Sweepstakes Period per request), and enclose a self-addressed, stamped envelope to:

ProphetX OpCo LLC

ATTN: WINNER’S LIST

P.O BOX 

10. GENERAL CONDITIONS

10.1. Sponsor/Promoter reserves the right to cancel, suspend and/or modify the Sweepstakes or these Sweepstakes Rules, or any part of the Sweepstakes or these Sweepstakes Rules, with immediate effect owing to circumstances outside its reasonable control and only where circumstances make it unavoidable if any fraud, technical failures or any other factor beyond Sponsor’s/Promoter’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor/Promoter in its sole discretion.

10.2. Sponsor/Promoter reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Sweepstakes Rules or any other promotion or in an unsportsmanlike or disruptive manner.

10.3. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor/Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s/Promoter’s failure to enforce any term of these Sweepstakes Rules shall not constitute a waiver of that provision.

10.4. In all other cases, the Sponsor/Promoter reserves the right to cancel, suspend and/or modify the Sweepstakes. Any notice regarding cancellation, suspension and/or modification will be posted on ProphetX on the Platform.

10.5. In the event of modifying the Sweepstakes, a User’s continued enrollment and/or participation in the Sweepstakes constitutes acceptance of the modified terms.

10.6.  All players are permitted to engage in programmatic trading strategies in the course of their play against other players.  Programmatic trading refers to the use of algorithms and automated systems to participate in ProphetX Sweeps offerings. These systems analyze vast amounts of data, apply predefined strategies, and execute strategy without human intervention. 

 

11.DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

PLEASE READ THIS SECTION 11 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND ProphetX TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND ProphetX CAN SEEK RELIEF FROM EACH OTHER. If you reside in or access the Games at any time while located in the United States, this clause 11 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions. By agreeing to these Terms and Conditions, and to the extent permitted by applicable law, you and ProphetX agree that any and all past, present and future disputes, claims or causes of action between you and ProphetX arising out of or relating to these Terms and Conditions, the Platform and Games, the formation of these Terms and Conditions or any other dispute between you and ProphetX or any of ProphetX's licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this clause 11, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and ProphetX further agree that any arbitration pursuant to this clause 11 shall not proceed as a class, group or representative action.

11.1. Informal Dispute Resolution. ProphetX wants to address your concerns without the need for a formal legal dispute. Before filing a claim against ProphetX, you agree to try to resolve the Dispute informally by contacting Customer Support via this form. Similarly, if you have provided an email address to us as part of your Customer Account registration, ProphetX agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or ProphetX may initiate an arbitration proceeding as described below.

11.2. We Both Agree To Arbitrate. By agreeing to these Terms and Conditions, and to the extent permitted by applicable law, you and ProphetX each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.

11.3. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting arbitrationoptout@chumbacasino.com within 30 days of first accepting these Terms and Conditions and stating that you (include your first and last name, email address and postal address) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from playing the Games, but you and ProphetX will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the Terms and Conditions otherwise provided herein. For avoidance of doubt, in the event you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that are set out in this Section 11 shall continue to apply to you. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms and Conditions you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Platform or Games, that existing arbitration agreement will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you.

11.4. Arbitration Procedures and Fees. You and ProphetX agree that JAMS ("JAMS") will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought ("JAMS Rules"). Those rules are available at www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). You and ProphetX further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in New York, New York, or, at either your or our election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.

11.5. Proceedings Requiring Three Arbitrators. Notwithstanding any language to the contrary in clause 11.4, if a party either seeks a monetary award in excess of five hundred thousand dollars ($500,000) or seeks an equitable form of relief that would significantly impact other ProphetX users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Comprehensive Rules”). Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this clause 11.5 shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or through the JAMS selection process – participate in the arbitral panel. You and ProphetX agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.

11.6. Batch Arbitration. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against ProphetX, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Rules”) shall apply. In such event, the JAMS Process Administrator (as described in the JAMS Mass Rules) shall have the authority to implement the procedures set forth in the JAMS Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Clause 11 that are not in conflict with the JAMS Mass Rules, including the qualifications for the arbitrators, shall continue to apply.

11.7. Class Action and Collective Arbitration Waiver.  Collective Arbitration means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR ProphetX SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION (EXCEPT SOLELY AS JUST STATED IN CLAUSE 11.6); TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, IN THE EVENT ALL OR ANY PORTION OF CLAUSES 11.5, 11.6 OR 11.7 OF THIS CLAUSE 11 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE (BUT NOT THOSE PROVISIONS OF CLAUSE 11 APPLICABLE TO LITIGATION) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.

11.8. Exceptions to Agreement to Arbitrate for Temporary Relief. Notwithstanding the other provisions of this clause 11 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring an action in a court as authorized by clause 11.9 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief.

11.9 Subject to this clause 11, the parties agree that any Dispute (as defined here in clause 11) will be submitted exclusively to the courts in Delaware, and you and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, the parties agree that either party may move to compel arbitration or to enforce an arbitral award issued hereunder before any court of competent jurisdiction

12. CUSTOMER SUPPORT

12.1. To ensure fairness and the integrity of the promotion to all Users, the Sponsor/Promoter will respond to questions via hello@prophetx.co  and may post updates/communications on its social media pages.

12.2. Any User posting or seen to be posting comments on Sponsor’s/Promoter’s social media pages or elsewhere during the promotion that are considered bullying, spiteful or upsetting to other Users, players and fans of ProphetX or directly aimed to disparage Sponsor/Promoter, will have their comments removed, will be disqualified from the Sweepstakes and subject to termination of their Account. The Sponsor/Promoter reserves the right to alert social media providers to any such behavior and the User may have his/her relevant social media account frozen pending investigation.

13. USER PERSONAL INFORMATION

13.1. Information collected from Users is subject to the Sponsor’s/Promoter’s Privacy Policy which is available on the Platform and at prophetx.co

 

 

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