This agreement contains a mandatory arbitration provision and waiver of jury trial. Please read it carefully before agreeing. Moby is owned by Ellevate LLC (hereinafter “Moby,” “we” or “us”). We provide this website ( (the “Website”), software application, product and the services, functionality data, information, tools, updates and similar materials delivered or provided by us (the “Services”) subject to your agreement to and compliance with the terms and conditions, as updated from time to time, as set forth in this Terms of Service Agreement (the “Agreement”).

This Agreement sets forth the legally binding terms and conditions governing your use of the Services, and the use of the Services by any entity on whose behalf you sign up.  If you do not agree to these terms and conditions, you may not use the Services.

Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

  • Privacy Policy
  • Copyright Policy
  • Complaint Policy (including Privacy and Trademark)
  • General Promotion Rules.

Important Notices

Moby and our partners do not charge you to join and play (as a participant) in a simulated trading game. Do not pay any third-party to join a game. By using and/or visiting the Website or Services, you represent that you have read, understand, and agree to this Agreement, including our privacy policy published at and incorporated herein by reference. This Agreement and Privacy Policy are subject to the provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), and other applicable privacy laws. Moby agrees that under the GDPR, Moby is a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data”, and Moby will take commercially reasonable steps to maintain compliance with GDPR requirements. Similarly, to the extent that the CCPA applies to you, under the CCPA, Moby is a “business”, and you are a “consumer” eligible for certain rights, and Moby shall take commercially reasonable steps to maintain compliance with the CCPA.

The materials appearing on the Services, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute legal, medical, financial, investment, business or professional advice of any kind. Those accessing the materials appearing on the Services should not act upon them without first seeking relevant professional counsel, as these materials are general in nature, and may not apply to particular circumstances. The materials should not be used as a substitute for consultation with a professional adviser.

We are not a tax, legal or financial or investment adviser. We are not a broker or a dealer. We are not a valuation service, and we neither provide nor produce any financial information. Although users may produce or provide financial information to other users, we are not responsible for any such information. No agency is created hereby between you and us. We are not a fiduciary and have no duty of care or loyalty to you. We make no assurances of the accuracy of any information on the Services, we do not investigate the potential conflicts of interest of any user or third-party, the veracity of any information provided by a user or third-party, or the basis for any information, opinions or advice offered by any user or third-party. We do not make recommendations or endorse any action with respect to users, third-parties or any information contained on the Services.

You agree that we are not responsible for any decisions that you may make.

The Services are provided for educational and entertainment purposes only. We do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services, or their features, at all times. We reserve the right at any time and from time to time to change, modify, or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. Such changes, modifications, additions, or deletions shall be effective immediately upon their posting on the Website. You agree to review the Agreement periodically to be aware of such revisions. Your use of the Website and/or Services after we post of such changes, modifications, additions or deletions, or other method of legal acceptance, constitutes your acceptance of such changes, modifications, additions or deletions. Notwithstanding the foregoing, we will notify you via email regarding any changes in the Privacy Policy, if you have provided your email address to us.

The Services may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Certain data displayed by the Services relies on the receipt of underlying data from third-party sources. Such data sources may not be real time or accurate, which may result in delays or inaccuracies in the displayed information. Although we have the right to review, edit, remove or modify information from or on the Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.

Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained on the Services, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.


As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you during the Term (as defined herein) a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access and use the Services and the materials thereon that are intended to be displayed publicly. No rights not explicitly listed herein are granted.

You agree that (i) except in your normal use of the Website or Services, you will not copy or distribute any part of the Website or Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Services other than as is necessary to use the Website or Services for their intended purposes; and (iii) you will otherwise comply with this Agreement.


To register an account or use the Services, you must be over the age of 18. By using the Services, you represent that you meet this minimum age requirement and have otherwise complied with the foregoing.

Some parts or all of the Services may not be available to the general public, and we may impose additional eligibility rules, and terms and conditions, on such portions of the Services from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.

You are not eligible to use the Services if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.

Payment and Fees

We may use a third-party payment processor (the “Payment Processor”) to charge you through an online account for any fees due for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.

You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”), including without limitation your bank account, credit card number, credit card verification or other security code, the expiration date of your credit card, and your address. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. We will automatically charge your Payment Method when payments are due, as more fully identified on the Services.

Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Unless specified in an invoice, amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts. If you believe that any specific charge under this Agreement is incorrect, in order to obtain a credit, you must contact us in writing within 30 days of invoice date setting forth the nature and amount of the requested correction; otherwise invoices are final.

In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Service and/or terminate this Agreement if your Payment Method is declined or fails and Customer’s account therefore is delinquent.

All fees are non-refundable, including any charges incurred prior to cancellation of a Subscription.


We do not provide any subscriptions for using our platform. Do not purchase a subscription to gain access to the platform.

Rules of Conduct

Your use of the Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct. You agree that you will not violate any applicable law or regulation in connection with your use of the Services.

You agree not to distribute, upload, make available or otherwise publish through the Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:

  • is unlawful or encourages another to engage in anything unlawful;
  • contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
  • violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party;
  • is false, inaccurate, fraudulent or misleading; or,
  • is libelous, defamatory, obscene, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You must keep your user name and password and any other information needed to login to the Services, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.

You further agree that you will not do any of the following:

  • modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Services;
  • interfere with or disrupt the operation of the Services, including restricting or inhibiting any other person from using the Services by means of hacking or defacing;
  • transmit to or make available in connection with the Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
  • attempt to probe, scan or test the vulnerability of a system or network of the Services or to breach security or authentication measures without proper authorization;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • harvest or collect the email address or other contact information of other users of the Services;
  • scrape or collect content from the Services via automated or large group means;
  • submit, post or make available false, incomplete or misleading information to the Services, or otherwise provide such information to us;
  • register for more than one user account;
  • impersonate any other person or business;
  • offer anything of value to winners of any game, challenge, or sweepstakes relating to the platform other than in accordance with this Agreement;
  • disrespect, threaten, or harass others;
  • publish spammy content;
  • promote one’s products or services; or,
  • use vulgarity or distaste in posts, comments, or usernames.

You are not licensed to access any portion of the Services that is not public, and you may not attempt to override any security measures in place on the Services. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

Links to Third-Party Websites

For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services. Except as otherwise noted, such Third-Party websites, and such information and services are provided by organizations that are independent of Moby. Moby does not make any representations or warranties concerning such websites. Moby has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party websites. In addition, Moby cannot censor or edit the content of any third-party site. Therefore, Moby makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Your linking to or from any off-site pages or other websites is at your own risk. By using the Website, you expressly relieve Moby from any and all liability arising from your use of any third-party website. Accordingly, Moby encourages you to be aware when you leave the Website and to read the Agreement and privacy policy of each other website that you visit.

For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services. Except as otherwise noted, such Third-Party websites, and such information and services are provided by organizations that are independent of Moby. Moby does not make any representations or warranties concerning such websites. Moby has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party websites. In addition, Moby cannot censor or edit the content of any third-party site. Therefore, Moby makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Your linking to or from any off-site pages or other websites is at your own risk. By using the Website, you expressly relieve Moby from any and all liability arising from your use of any third-party website. Accordingly, Moby encourages you to be aware when you leave the Website and to read the Agreement and privacy policy of each other website that you visit.

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (collectively, “Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Passwords and Accounts

You are responsible for controlling the access to and use of your account.

Always make sure that your password is kept as confidential. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by us.

We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and is not required to take action to disable any account. You agree that you will not bring an action against us arising out of or related to any claimed unauthorized access using your account credentials.

Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your account, we may take reasonable efforts with reasonable speed, to disable or lock your account, or otherwise address your situation. In the event that you would like to report a breach, please contact Moby.

Enforcement and Termination

The “Term” of this Agreement will be until terminated as provided herein. We reserve the right to deny all or some portion of the Services to any user, in our sole discretion, at any time. We may terminate this Agreement at any time, upon notice to you.

You may terminate this Agreement at any time by deleting your account through the functionality of the Services.

Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

Disclaimers and Limitation of Liability

By using the services you agree and acknowledge that we provide the services “as is” and without any warranty or condition, express, implied or statutory. We and our parents, subsidiaries, officers, directors, shareholders, members, managers, employees and suppliers (“business partners”), specifically disclaim any implied warranties of title, accuracy, suitability, applicability, merchantability, performance, fitness for a particular purpose, non-infringement or any other warranties of any kind. No advice or information (oral or written) obtained by you from us shall create any warranty.

Use of the services is at your sole risk. We do not warrant that you will be able to access or use the services at the times or locations of your choosing; that the services will be uninterrupted or error-free; that defects will be corrected; or that the services are free of inaccuracies, misrepresentations by users, viruses or other harmful components.

To the maximum extent permitted by law, and except as otherwise prohibited by law, in no event shall we or our affiliates, licensors or business partners (collectively, the “related parties”) be liable to you based on or related to the services or this agreement, whether based in contract, tort (including negligence), strict liability or otherwise, and shall not be responsible for any losses or damages, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the services, even if we and/or related parties have been advised of the possibility of such damages.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of the greater of (a) $100.00 or (b) the amounts paid by you to us in the twelve (12) months immediately preceding any claim, nor (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

Some states may not permit certain disclaimers and limitations, and any such disclaimers or limitations are void where prohibited.


You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Services (b) our violation of the Agreement, and (c) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or that violates of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Services.

Disputes, governing law and jurisdiction

You agree that any claim or dispute arising out of or relating in any way to your use of the Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Moby, P.O.BOX – TBD – NY, NY.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the services, or to us, may only be brought by you in a state or federal court located in New York, New York. You hereby waive any objection to this venue as inconvenient or inappropriate, and agree to exclusive jurisdiction and venue in New York.

Policies for Children

The Services are not directed to individuals under the age of 18, nor do they contain information which would be potentially harmful to minors. In the event that we discover that a child under the age of 18 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for more information. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.


Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Revisions. This Agreement may only be revised in a writing signed by us or posted by us to the Services. In the event that we update this Agreement and you are made aware of the update, your continued use of the Services after the update shall constitute an agreement to the updated terms.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.

Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent. Any unauthorized assignment shall be null and void.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Moby, P.O.BOX – TBD – NY, NY.

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

Copyright Policy

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that material you posted on our Services was removed, or access to such material was disabled, by mistake or misidentification, please contact our designated copyright agent with correspondence containing the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it disabled;
  • Information reasonably sufficient to permit us to contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement under penalty of perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice or counter-notice may not be valid. For any questions regarding this procedure, or to submit or respond to a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent
 Moby, P.O.BOX – TBD – NY, NY.

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Services infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to, containing the following information:

  • Your name, physical address, e-mail address and phone number;
  • A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
  • Identification of the location of the material on the Site;
  • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
  • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
  • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
  • Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violated material, or any other party.

For more information on game rules and eligibility, 


Moby, P.O.BOX – TBD – NY, NY Sponsor, Administrator, and Sponsor’s and Administrator’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

Everyone is automatically entered to play the game. 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 below. 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 Game Page Announcement. Performance for the Game is determined by the Platform.

Winner Notification

Winner(s) will be notified by Sponsor, and Sponsor 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 Sponsor’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 Sponsor and Administrator’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.


See Game notifications 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 Sponsor. Prizes are subject to the terms and conditions of the issuer, and Sponsor 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. Sponsor 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.


Entrant information received shall be treated by Administrator in accordance with Administrator’s privacy policy, which is located at (the “Administrator Privacy Policy”). Administrator may share entrants’ personal information with Sponsor, and use of such information by Sponsor shall not be governed the Administrator Privacy Policy. You acknowledge that Administrator is not responsible for any use of your personal information by Sponsor.

General Conditions

Participation in the game constitutes entrant’s full and unconditional agreement to these Weekly Tournament rules and sponsor’s and/or administrator’s decisions, which are made in sponsor’s and/or administrator’s sole discretion and are final and binding in all matters related to the game. Administrator’s computer shall be the Weekly Tournament clock for all purposes of the game. Sponsor reserves the right to disqualify any entrant from the game who is responsible for, tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the game, including, but not limited to, by gaming the system, or intends to annoy, abuse, threaten or harass any other entrant, sponsor or administrator. Sponsor 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, sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Weekly Tournament rules shall not constitute a waiver of that provision.

Limitation of Liability

The released parties assume 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, sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the game in whole or in part. In such event, sponsor shall immediately suspend the drawings and prize awards, and sponsor 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 sponsor. The released parties shall not have any further liability to any participant in connection with the game.


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(s). 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 Event is governed by the laws of the State of New York without regard to conflicts of law principles. Any disputes, claims and causes of action arising out of or relating to the Event (individually, “Claim”) between you and Sponsor 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 Event. 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. Claims between entrants and Administrators shall be governed by the ToS.

Winner’s List

The name(s) of the Game winner(s) will be posted on the Platform after the close of the “Game Period” (as defined in the Individual Game Page for the Game).


As identified on the platform’s Landing Page.


Moby, P.O.BOX – TBD – NY, NY.