Moby

Game Rules

13-11-2023

MOBY – GAME RULES & ELIGIBILITY

No purchase necessary to enter or win. A purchase or payment of any kind will not increase your chance of winning. Void where prohibited by law.

Note: Moby and our partners do not charge you to join and play (as a participant) in a fantasy trading game. Do not pay any third-party to join Moby the platform or any of its tournaments.

The Rules apply to all games (each, a “Game”) conducted and sponsored by Ellevate Enterprises, LLC (“Sponsor”) via the Moby platform located at www.Mobytrading.com and associated software applications (collectively, the “Platform”), as such Games are identified on the Platform. Sponsor will also provide rules that are specific to each individual Game on the Platform (“Weekly Tournament”, “Head to Head Tournament”), which will include the instructions for entry, all deadlines, the number of entrants and winners, and the number and description of all prizes to be awarded in a particular Game. Each Game is separate. Entry into one Game does not constitute entry into any other Game. All information contained in the Individual Game Rules is incorporated herein by reference. In the event of a conflict between these Weekly Tournament Rules and the Individual Game Rules, the Individual Game Rules will govern.

Sponsor

Moby, P.O. Box 290214, Brooklyn, NY, 11229. By signing up for the Moby platform, each entrant unconditionally accepts and agrees to comply with and abide by the Terms of Service to the Platform (the “ToS”), the Weekly Tournament Rules, Head to Head Tournament Rules, any additional rules contained in the Individual Game Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of entries and the overall administration of the Game(s).

Eligibility

Open only to all U.S. Citizens and legal residents of the fifty (53) States and territories who are eighteen (18) years of age or older at the time of entry. Sponsor, and Sponsor’s respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and Game agencies, and each of their respective officers, directors and employees (collectively, the “Released Parties”), are ineligible to enter the Game or win a prize. Household Members and Immediate Family Members of the Released Parties are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three (3) months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Game is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

How to Enter

By signing up and creating an account every player automatically entered to participate in The Weekly Tournament provided by the Moby Platform, and be eligible to create as many Head to Head Tournaments as they prefer. Any attempt by entrant to obtain more than the stated number of entries by using, for example, multiple/different email addresses, identities, registrations, or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void entrant’s entries and that entrant may be disqualified. Final eligibility for the award of the prize is subject to eligibility verification as set forth in the Term of Service. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an 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 email address.

How to Participate and Win

Each game participant will be given $50,000 in virtual cash to invest when they join the Game. Winner(s) will be determined as stated in the rules for each tournament.

How it works: “Weekly Tournament”

The trades may be fantasy but the prizes are REAL!
Download and sign up for MOBY and you will be automatically entered to participate in the Weekly tournament, a fantasy trading game that gives every player the opportunity to build their own fantasy portfolio and compete for a chance to win weekly CASH prizes!
At the beginning of each tournament, each player will start off with $50,000 in virtual cash that they can use to build their fantasy portfolio using U.S. listed stocks and ETFs.
Players will be able to use live market prices and interactive charts to make unlimited Buy and Sell trades in their fantasy portfolio.
Players can only invest up to 25% of their portfolio’s total value in a single position.
Players must have at least 50% of their portfolio value invested in stocks by the end of the second trading day of the tournament in order to qualify for the cash prize.
Players can only execute trades during trading hours, 9:30 AM EST to 4:00 PM EST. Any trades entered outside of this period will be rejected.
Players can track their performance relative to other players on the tournament’s leaderboard.
Every player’s portfolio return and ranking on the leaderboard will be based on their stock and cash mix.
At the end of the tournament, the final rank for each player will be calculated using the closing market price for each of their stock positions plus their cash holdings.
The number of players that can receive monetary prizes may vary from tournament to tournament.
The number and the amount of prizes will be announced at the beginning of each tournament. Winners are announced at the end of each tournament.
The duration of the tournament will be weekly, starting on Mondays @ 9:30 AM EST and ending on Fridays of the same week @ 4:00 PM EST and observing U.S. markets holidays and early closes schedule at the start, during, and at the end of each week.
Players must abide by the market liquidity rule: in the event that there is high interest in a specific security by the majority of players in the tournament and the liquidity in that security is thin, players will not be able to buy or sell more shares than what was actually traded up to that point in time in the trading day. Order execution sequence will be on a first come first serve basis.
Prices on trade executions and closing prices at the end of the tournament are final and at the sole discretion of the Moby Platform.

How it works “Head to Head”:

Sharpen your investing skills by creating unlimited private tournaments with your friends.
At the beginning of each tournament, each player will start off with $50,000 in virtual cash they can use to build their fantasy portfolio using U.S. listed stocks and ETFs.
The $50,000 virtual cash for each Head to Head tournament is separate and apart from the virtual cash allocated to the Weekly tournament.
Players cannot invest more than 25% of their portfolio’s value in a single position.
Players will be able to use live market prices and interactive charts to make unlimited Buy and Sell trades in their fantasy portfolio.
Players can track their performance relative to the other players on the tournament’s leaderboard.
Every player’s portfolio return and ranking on the leaderboard will be based on their stock and cash mix.
At the end of the tournament, the final rank for each player will be calculated using the closing market price for each of their stock positions plus their cash holdings.
Players can only enter trades during the time the market is open, 9:30 AM EST to 4:00 PM EST. Any trades entered outside of this period will be rejected.
The duration of the Head to Head tournament will vary between 5 to 10 business days, starting @ 9:30 AM EST the day after the minimum number of players have accepted, and ending @ 4:00 PM EST on the last day of the tournament, as agreed by all of the players that signed up for that tournament. The Head to Head tournament will observe only U.S. markets early close holiday schedule at the start, during, and at the end of each tournament.
Players must abide by the market liquidity rule: in the event that there is high interest in a specific security by the majority of players in the tournament and the liquidity in that security is thin, players will not be able to buy or sell more shares than what was actually traded up to that point in time in the trading day. Order execution sequence will be on a first come first serve basis.
Prices on trade executions and closing prices at the end of the tournament are final and at the sole discretion of the Moby Platform.

Winner Notification

Moby is not responsible for any delay or failure to receive notification for any reason, including an inactive or discontinued email account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any email account. Any winner notification not responded to or returned as undeliverable within forty-five (45) days or potential winner’s rejection of the prize or return of the prize may result in disqualification and prize forfeiture, and, at Moby’s sole discretion, Game prizes may be awarded to alternate winners. The potential winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively “the Prize Claim Documents”). Except where prohibited, participation in the Game constitutes winner’s consent to Moby’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

Prize

See the Game Page Announcement for the number of prizes, a description of all prizes and the prize value(s) in a particular Game. Prizes are awarded “AS IS” with no warranty or guarantee, either expressed or implied by Moby. Prizes are subject to the terms and conditions of the issuer, and Moby will not replace any lost or stolen prizes. Winners are solely responsible for all expenses not specifically included herein and all federal, state and/or local taxes, fees, and fees in connection with the prizes or any portion of the prizes. Prizes are non-transferable and no substitution by winners or cash equivalent is allowed. Moby reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of equal or greater value. Failure to comply with the Weekly Tournament Rules will result in forfeiture of the prize.

General Conditions

Participation in the Game constitutes entrant’s full and unconditional agreement to these Weekly Tournament Rules and Moby’s decisions, which are made in Moby’s sole discretion and are final and binding in all matters related to the tournaments. Moby reserves the right to disqualify any entrant from the tournaments who is responsible for, tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the tournament, including, but not limited to, by gaming the system, or intends to annoy, abuse, threaten or harass any other entrant or Moby. Moby also reserves the right to delete the account of a disqualified entrant and all data contained in such account. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MOBY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Moby’s failure to enforce any term of these Weekly Tournament Rules shall not constitute a waiver of that provision.

Limitation of Liability

MOBY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (A) ANY LATE, LOST, DAMAGED, MISDIRECTED, INCORRECT OR INCOMPLETE ENTRIES; (B) ANY TYPOGRAPHICAL ERRORS IN THE OFFER OR ADMINISTRATION OF THE GAME, INCLUDING, BUT NOT LIMITED TO, ERRORS IN ANY GAME-RELATED MATERIALS, INCLUDING ALL ADVERTISING FOR THE GAME, THESE WEEKLY TOURNAMENT RULES AND THE DISTRIBUTION OF A PRIZE; (C) INCORRECT OR INACCURATE ENTRY INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (D) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF ENTRIES AT ANY POINT IN THE OPERATION OF THIS GAME; (E) ANY TECHNICAL MALFUNCTION, INCLUDING, BUT NOT LIMITED TO, INCORRECT OR DELAYED PRICE QUOTES FROM Third-Party DATA PROVIDERS, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, CAMERA, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE GAME; (F) INACCESSIBILITY OR UNAVAILABILITY OF ANY NETWORK OR WIRELESS SERVICE, THE INTERNET OR WEBSITE OR ANY COMBINATION THEREOF; (G) SUSPENDED OR DISCONTINUED INTERNET, WIRELESS OR LANDLINE PHONE SERVICE; (H) ANY INJURY OR DAMAGE TO PARTICIPANT’S OR TO ANY OTHER PERSON’S COMPUTER OR MOBILE DEVICE WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE GAME OR DOWNLOAD OF ANY MATERIALS IN THE GAME; OR (I) CANCELLATIONS, DELAYS, OR INTERRUPTIONS IN THE GAME, INCLUDING, BUT LIMITED TO, THE AWARDING OF A PRIZE, DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMICS, WEATHER, OR TERRORISM. If the Game is not capable of running as planned for any reason, which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, regularly scheduled maintenance, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, or any other reason, Moby reserves the right at its sole discretion to cancel, terminate, modify or suspend the Game in whole or in part. In such event, Moby shall immediately suspend the drawings and Prize awards, and Moby reserves the right to award the Prizes using all known eligible entries received as of the date of termination in a manner deemed fair and equitable by Moby. Moby and Released Parties shall not have any further liability to any participant in connection with the Game.

Release

Except where prohibited, by participating in the Game, entrants agree to release, indemnify, defend and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Game or the receipt, acceptance, use or misuse of the prizes, including, but not limited to: (a) unauthorized human intervention in the Game; (b) technical malfunctions related to computer hardware or software, servers, Internet connectivity, or telephone or network lines; (c) garbled, jumbled or faulty data transmissions; (d) typographical or printing errors in any Game-related materials; (e) errors in the administration of the Game or the processing of entries; (f) late, lost, delayed, intercepted or undeliverable mail or email; (g) unauthorized human or non-human intervention of the operation of the Game, including, without limitation, unauthorized tampering, hacking, theft, virus, bug, worm, or destruction of any aspect of the Game; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Game or receipt, use, or misuse of the Prize. Each entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Game, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.

Governing Law

The Game is governed by the laws of the State of Delaware without regard to conflicts of law principles. Entrants consent to the jurisdiction and venue of the federal or state courts located in the State of Delaware for the resolution of any disputes, claims and causes of action arising out of or relating to this Game or the prize(s) (individually, “Claim”). All Claims shall be resolved individually, without resort to any form of class action. Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including without limitation costs incurred with entering the Game. Entrant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of entrant, identifiable persons, or Third-Party participants, whether foreseeable or not and whether based on negligence or otherwise.