OFFICIAL RULES
NT Live Discord Rotational Giveaway
By participating in the Giveaway, you agree to these Official Rules, which form a contract. Read them carefully before entering. No purchase, payment, or funding necessary to participate or win. Purchase, payment, or funding will not increase your chances of winning.
Sponsor
The sponsor of the NT Live Discord Rotational Giveaway (“Giveaway”) is NinjaTrader, LLC (“Sponsor”). “Prize Sponsor” means any unaffiliated third party that has agreed to provide or fund prizes for a specific Event. The Giveaway is in no way sponsored, endorsed, administered by, or associated with Discord Inc., or any social network used to share or promote the Giveaway.
Agreement to Rules
By participating in the Giveaway, all participants (“You”, “Your” and “Participant”) agree to each and all of these rules (“Official Rules”) and all decisions of the Sponsor, including without any limitation, decisions regarding eligibility, disqualification, winners, prize fulfillment and forfeiture, and interpretation of these Official Rules, which are final and binding in all respects.
Entry Period
The Giveaway is held on a recurring basis in tandem with recurring virtual live events (“Events” or “the Event”), and will continue until discontinued by Sponsor, in its sole discretion. Each Event has its own eligible entry window during which valid entries may be submitted (the “Entry Period”), which will be announced in the official NT Live Discord server (the “Discord”) prior to the commencement of the Event. Entries submitted before or after the applicable Entry Period will not be eligible.
Eligibility
The Giveaway is open to legal residents of all fifty (50) states of the United States of America, its territories and possessions, and all other countries and jurisdictions not listed in the Restricted Territories (defined below), where participation or promotion of the Giveaway does not violate federal, state, province, territory, or local laws, regulations, rules, or ordinances and who are the greater of: (a) eighteen (18) years old or, if a legal resident of any of the following states or provinces/territories, nineteen (19) years old: Nebraska (United States) and Alabama (United States), and (b) the age of majority in Participant's respective state or province/territory (the “Eligible Age”). In addition, the Giveaway is only open to those who are members of the Discord and who enter through the applicable Giveaway function available within the Discord during the Entry Period. Participants must be a current member of the Discord and must attend the Event associated with the Entry Period specified in the Discord.
Restricted Territories
Notwithstanding the foregoing, the Giveaway is NOT open to residents of, or persons physically located in, any of the following countries or jurisdictions (collectively, the “Restricted Territories”):
- Sanctioned Jurisdictions: Belarus, Cuba, Iran, Iraq, Libya, North Korea, Palestine, Syria, Yemen
- Asia/Pacific: Mongolia, Myanmar, Timor-Leste
- Europe: Albania
- Africa: Angola, Benin, Burkina Faso, Burundi, Cabo Verde, Cameroon, Chad, Congo (Brazzaville), Congo (Kinshasa), Djibouti, Equatorial Guinea, Eritrea, Eswatini, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Liberia, Mali, Mozambique, Niger, Sao Tome and Principe, Sierra Leone, Somalia, South Sudan, Sudan, Togo, Zimbabwe
The Restricted Territories list may be updated by the Sponsor at any time, in its sole and absolute discretion, upon notice posted on the Discord. It is Your sole responsibility to confirm that Your country of residence and physical location are not Restricted Territories at the time of registration for the Giveaway. To be eligible, a Participant must not be subject to any sanctions administered or imposed by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the European Union, HM Treasury, the United Nations Security Council, or any other government entity or regulatory authority which has jurisdiction over the Participant. Do not enter the Giveaway if You are unclear on how the jurisdiction where You reside would treat the lawfulness or the legality of the Giveaway and Your entry or participation in the Giveaway.
Employees, contractors, directors, representatives, agents, and officers of the Sponsor (and, if applicable, any Prize Sponsor), and its parents, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising, promotion and judging agencies and all other service agencies involved with the Giveaway, and members of the immediate family (including without limitation spouse, parent, child, sibling and their respective spouse) and household (whether related or not related) of each such person (collectively, “Related Parties”) are not eligible to participate in the Giveaway unless otherwise specifically permitted by the Sponsor. The Giveaway is not offered to You, and You are not eligible to win if You are a resident of a jurisdiction where the promotion of the Giveaway by the Sponsor, or Prize Sponsor if applicable, or participation in the Giveaway by You violates any laws, rules, regulations, or ordinances.
If a Participant is found not to be eligible or not in compliance with these Official Rules, the Participant will be disqualified in the sole and absolute discretion of the Sponsor.
Sponsor reserves the right to disqualify any Participant if it is demonstrated on reasonable grounds, as determined in the sole and absolute discretion of the Sponsor, that the Participant's participation in the Giveaway or receipt of prize (A) would violate any laws, regulations, rules, or ordinances (including those of the Discord); (B) would violate these Official Rules; or (C) would or may damage the reputation of the Sponsor, any Prize Sponsor, any Participant, and/or any other individual or entity. Sponsor also reserves the right, at any time and in its sole and absolute discretion, to disqualify and/or deem ineligible to participate in the Giveaway, You and any Participant who Sponsor believes to be: (D) tampering with the entry process or the operation of the Giveaway; (E) acting in violation of these Official Rules or Sponsor's Privacy Policy or other terms, conditions or guidelines; (F) acting in bad faith or a disruptive manner; (G) disrupting or undermining the legitimate operation of the Giveaway; or (H) annoying, abusing, threatening or harassing Sponsor, any other Participant, or any other person associated with or not associated with the Giveaway. Sponsor reserves all rights and remedies to seek redress, including damages and other remedies, from any such person to the fullest extent permitted by law. Sponsor also reserves the right to disqualify any Participant if, in Sponsor's sole and absolute discretion, awarding a prize to such Participant would violate any agreement between Sponsor and a Prize Sponsor, or would conflict with representations made by a Prize Sponsor to Sponsor regarding prize eligibility restrictions.
Each Participant is limited to one (1) entry per person, e-mail address and Discord account, for each Entry Period and Event. Multiple entries by the same Participant in a single Entry Period are prohibited. Any Participant who submits multiple entries for a single Entry Period shall be disqualified from the Giveaway and shall be ineligible to participate in or receive any prize.
If a Participant is disqualified from the Event or the Giveaway, whether before, during or after conclusion of the Event or Giveaway, that Participant shall not be entitled to participate in or receive any prizes. You understand, acknowledge, and agree that all determinations and decisions made by the Sponsor, in its sole and absolute discretion, regarding eligibility, violation of these Official Rules, disqualification, and prizes are final and are not subject to any request for reconsideration, review or appeal by You.
How to Enter
Eligible Participants may submit an entry using the Giveaway entry function available in the Discord during the Entry Period for the Event, and by passing any verification requirements set by Sponsor, including providing a valid email address. The entry must fulfill all requirements of the Giveaway, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to these Official Rules may be disqualified at the sole discretion of Sponsor.
Prizes
The prizes for the Giveaway may include merchandise, gift cards, scholarships, internships, experiential awards, or any other goods or services as specified in the Discord for each Event. For prizes involving a Prize Sponsor, the nature, form, and value of the prize provided by the Prize Sponsor will be specified in the Discord prior to the commencement of the Event. Sponsor makes no representation or warranty regarding the value, quality, fitness for purpose, or merchantability of any prize provided by a Prize Sponsor. Each winner will be solely responsible for currency conversion costs due to exchange rates and solely bear any risk of valuation exposure due to changes in foreign exchange values. Non-cash prizes are provided 'as is' and no cash substitution will be made except in Sponsor's sole and absolute discretion.
Limit one (1) prize per person. Prizes are non-transferable and no substitution of prize is offered except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. For any Event involving a Prize Sponsor, Sponsor's right to substitute a prize under this paragraph includes the right to substitute a cash prize of equivalent fair market value in the event the Prize Sponsor's non-cash prize cannot be delivered and Sponsor elects to make such substitution (see Prize Sponsor Default section below). Winners will be solely responsible for all federal, state, provincial, territorial, and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether it, in whole or in part, is used. Winners will be solely responsible for complying with any tax reporting and payment obligations.
Prize Sponsor Default
If a Prize Sponsor fails to deliver or fund a promised prize for reasons beyond Sponsor's reasonable control, including without limitation the Prize Sponsor's insolvency, dissolution, material breach of its agreement with Sponsor, or inability to deliver the prize as described, Sponsor shall have no obligation to substitute or fund such prize from its own resources. Sponsor will use commercially reasonable efforts to notify affected winners of any prize delivery failure and will work in good faith with the Prize Sponsor to resolve the issue. Sponsor's liability in connection with any Prize Sponsor's failure to deliver a prize is expressly limited to such commercially reasonable notification and good-faith efforts.
Determination of Winners
Winners will be randomly selected in Sponsor's sole discretion. Sponsor may adjust the number of winners selected per Event at its sole discretion. All prize outcomes determined by this process are final and binding. Winners are notified live on stream at the time of their selection. Winners must be present in the Discord at the time their name is drawn and must claim their prize within the timeframe stated at the time of the announcement. Failure to claim within that window will result in forfeiture, and a new winner will be drawn. Sponsor shall have no liability for a winner's failure to receive notices due to individual notification settings, connectivity issues, or a winner's provision of incorrect or otherwise non-functioning contact information. Receipt of a prize is conditioned upon compliance with any and all federal, state, and local laws and regulations.
Consents and Approvals
By entering the Giveaway, You agree that any content and any other information submitted by You or collected by Sponsor in connection with the Giveaway may be used by Sponsor, including its affiliated business entities. Further, You consent to and opt-in to any communications, including marketing communications, from Sponsor. You give consent for Sponsor and its agents to obtain and deliver Your name, address and other information to third parties for the purpose of administering this Giveaway and complying with applicable laws, regulations, and rules. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO YOUR NAME AND ADDRESS, MAY BE DISCLOSED TO THIRD PARTIES TO FACILITATE THE GIVEAWAY AND COMPLY WITH APPLICABLE LAW, TAX, AND REPORTING REQUIREMENTS. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Giveaway in accordance with its online privacy policy located at ninjatrader.com/privacy-policy-clearing/.
Sponsor Rights
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Giveaway should a virus, bug, unauthorized human intervention, fraud, or other cause beyond Sponsor's control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. If the Giveaway is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway and unilaterally select winners from eligible submissions received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of cancellation or suspension of the Event, Sponsor shall promptly post a notice in the Discord to such effect. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or the Discord, or who violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Giveaway and to void entries for any reason, including, but not limited to, multiple entries from the same person using different accounts, identities, or devices, or the use of bots, macros, scripts, or other technical means for entering.
Limitation of Liability
Sponsor is not responsible for any changes or unavailability of Your internet or any other interference with Your ability to access or otherwise participate in the Giveaway, including Your ability to timely enter, receive notices, or communicate with Sponsor. Without limiting any other provision in these Official Rules, Sponsor and Related Parties are not responsible or liable for any damage or loss by reason of any acts of God, equipment failure, terrorist acts, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, embargo, labor dispute, transportation interruption of any kind, civil disturbance, or any governmental, federal, state or local government authority action, or any other cause, whether or not specifically mentioned above.
By participating in the Giveaway, You agree to and hereby do release and hold harmless Sponsor, Prize Sponsor (if applicable) and Related Parties from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from Your acceptance, possession and/or use of any prize or Your participation in this Giveaway, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter.
By participating in the Giveaway, You agree that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action that cannot be resolved between You and Sponsor or the related parties and, if applicable, Prize Sponsor arising out of or connected with the Giveaway will be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, (if any), not to exceed twenty five dollars ($25.00), but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will You be permitted to obtain any award for, and You hereby knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses not to exceed twenty five dollars ($25.00), and/or any rights to have damages multiplied or otherwise increased; and (4) Your remedies are limited to a claim for money damages (if any) and You irrevocably waive any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every participant. If the agreement to arbitrate only in the participant's individual capacity is found to be unenforceable, then this section shall be rendered null and void and, in such case, You agree to the exclusive jurisdiction of state or federal courts located in the city of Chicago, county of cook, state of Illinois for any action or claim arising out of or relating to the Giveaway or these Official Rules and You unconditionally submit to the exclusive jurisdiction of the courts located in the city of Chicago, county of cook and state of Illinois.
Sponsor is not responsible for, and expressly disclaims any liability arising from, any acts or omissions of a Prize Sponsor, including without limitation: (a) the Prize Sponsor's failure to deliver, fund, or make available any prize; (b) any defect in, damage caused by, or dissatisfaction with any non-cash prize; (c) any statements, representations, or communications made by a Prize Sponsor in connection with the Event; or (d) any use by a Prize Sponsor of Participant data beyond the scope permitted under these Official Rules and Sponsor's data sharing requirements. This disclaimer applies regardless of whether Sponsor had notice of the possibility of such harm.
Binding Arbitration for Participants Who Are U.S. Residents
Any controversy or claim arising out of or relating to the Giveaway shall be settled by binding arbitration in the City of Chicago, County of Cook, State of Illinois or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that a hearing location in the City of Chicago, County of Cook, State of Illinois is reasonable and convenient for You. You agree that the arbitration will only be an individual arbitration by and between You and the Sponsor and that You and Sponsor do not agree and are not willing to submit to any arbitration asserted by any class or multiple individuals asserting claims on behalf of a class of individuals. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If You conclusively can demonstrate to Sponsor that the filing fees of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will advance payment of as much of Your filing and hearing fees as Sponsor deems necessary to prevent the arbitration from being cost-prohibitive, subject to Sponsor's right to recover such advance payments from You in the arbitration. You shall remain responsible for payment of all fees and costs associated with the arbitration as may be determined by the arbitrator. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither Participant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
The arbitration of disputes pursuant to this paragraph shall be in the participant's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Do not participate in this Giveaway if You do not agree to have any claim or controversy arbitrated in accordance with these Official Rules.
For the avoidance of doubt, this arbitration provision applies solely to disputes between Participants and Sponsor. Any claims by Participants against a Prize Sponsor arising from the Prize Sponsor's failure to deliver a prize or other conduct of the Prize Sponsor are not subject to this arbitration provision and must be pursued directly against the Prize Sponsor in a forum of competent jurisdiction.
Governing Law and Jurisdiction
These Official Rules and the Giveaway shall be governed by U.S. law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in courts located in the City of Chicago, County of Cook, State of Illinois, United States.
Miscellaneous
The Sponsor reserves the right to amend, modify and revise the Official Rules at any time and for any reason it deems reasonable or necessary, in its sole and absolute discretion, upon reasonable notice posted on the website for the Giveaway. The Sponsor may also modify or cancel the Giveaway at any time and for any reason, in its sole and absolute discretion. In the event that the Sponsor elects to cancel the Event or the Giveaway, You understand and agree that the Sponsor shall have no obligation to award any prizes to any Participants.
You waive any right to claim ambiguity in the Giveaway or these Official Rules. If any provision of these Official Rules is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect. The Sponsor's failure to enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision.