Last update posted: 01/20/2019
IMPORTANT NOTICE: BY PARTICIPATING IN THE CONTESTS PROVIDED ON THE WEBSITE GOVERNED BY THESE TERMS & CONDITIONS OF USE (“TERMS & CONDITIONS), YOU ARE LIMITING YOUR RIGHTS AGAINST THE SERVICE PROVIDER. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
USA USER WARNING: YOUR PARTICIPATION IN TRADEDUEL GAMES OR CONTESTS ARE NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, AN OFFER OR SALE OF ANY SECURITY, PURSUANT TO THE SECURITIES ACT OF 1933.
Acceptance of Terms & Conditions
Modification of Terms & Conditions
TradeDuel reserves the right, at its sole discretion, to modify or replace these Terms & Conditions at any time. The most current version of these Terms & Conditions will be posted on our Site. A User is responsible for reviewing, monitoring, understanding, and complying with the Terms & Conditions, as well as the Game Rules for each game entered or participated, and becoming familiar with any modifications thereto. Use of the Services by a User after any modification to the Terms & Conditions constitutes your acceptance of the Terms & Conditions then as modified.
Generally: By using the Service, a User represents and warrants to the Service Provider that you are fully able and competent to: (i) enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms & Conditions; and (ii) abide by and comply with these terms.
United States (U.S.). To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address or Facebook account submitted during your Account registration; (b) have the power to enter into a contract with TradeDuel; (c) be physically located within the U.S. when accessing your Account and participating in Competitions; (d) be physically located within a U.S. state in which participation in the Competition you select is unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
Non-U.S. To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with TradeDuel; (c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
Failure to Meet Eligibility Requirements
If a User does not meet the eligibility requirements set forth in these Terms & Conditions, then the User is not authorized to use the Service. TradeDuel may require any User to provide proof that you are eligible to participate according to these Terms & Conditions prior to participating. This includes, without limitation, the Service Provider requesting a User to complete an Affidavit of Eligibility. To the extent TradeDuel requests that you fill out such an Affidavit of Eligibility and you fail to do so within 5 business days, or TradeDuel otherwise determines that you do not meet the eligibility requirements of these Terms & Conditions, then, in addition to any rights that TradeDuel may have at law or at equity, TradeDuel reserves the right to reject or terminate your account(s) and withhold or revoke the awarding of any prize(s) or rewards associated with such account(s). In such a situation, TradeDuel may elect to pay out any withheld or revoked prize(s) to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be determined by TradeDuel in its sole discretion.
Each User may establish, maintain, use and control only one account on the Service. In the event TradeDuel determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that TradeDuel may have, TradeDuel reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes or rewards. TradeDuel employees, consultants, promoters and partners, and their respective family members, may use the Service for the purpose of testing the User experience, but may not participate in any Game or Services.
Conditions of Participation
In order to participate in a contest on the Service, each User must register for an account. A user can only register one (1) account. By registering as a User, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or TradeDuel has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, TradeDuel may deny you access to areas requiring registration, or terminate your account, at its sole discretion. If a user creates more than one (1) account, TradeDuel may, in its sole discretion, hold back any prize or rewards amounts in all the user accounts that are believed to be fraudulent.
Registration requires an existing email account or a Facebook account, or signing up for an account through Facebook, and logging into Facebook through the TradeDuel Game. As of the start of the Contest there is no charge to download or play the TradeDuel Game, or for an account on Facebook. The Contest is conducted and hosted solely on Sponsor’s app, and is in no way sponsored, endorsed, or administered by, or associated with Facebook. All information provided by participant is provided to Sponsor and not Facebook. Participant hereby releases and holds harmless Facebook from any liability or claims arising from the Contest, use of the TradeDuel Game, and/or the receipt or misuse of any prize.
Account Password and Security
At the time of registration for online account access, each User must provide a valid email address or Facebook account. If signing up with email the user must supply a Username and Password to be used in conjunction with such User’s account. If signing up with Facebook the user must supply their Facebook credentials and create a Username. A User may not use a Username that promotes a commercial venture or a Username that TradeDuel in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify TradeDuel of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. TradeDuel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that TradeDuel is authorized to act on instructions received through the use of your Username and Password, and that TradeDuel may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason. TradeDuel may require you to change your Username or may unilaterally change your Username.
Coin Purchase Agreement
By registering and playing TradeDuel and/or by buying TradeDuel Coins, you understand the nature of TradeDuel Coins, as per the TradeDuel Coins section of this agreement. You agree that TradeDuel is not a platform for investing in securities (stocks or cryptocurrency), and the only utility of TradeDuel Coins is for enjoyment of the game. You agree that you have no expectation of making profitable returns on your Coin purchase. You agree that all Coin purchases are final, non-refundable, non-exchangeable, and non-transferable. You recognize that you are not trading securities on the TradeDuel platform, that all trades, portfolio cash, and portfolio holdings are simulated/virtual, and you are not entering into a contract of any kind with another TradeDuel user or participant. You recognize that you have the ability to make in-app purchases that can be used to facilitate or enhance game play, only.
TradeDuel Coins, once granted, awarded, or purchased from the coin store, are Non-transferable. TradeDuel Coins do not constitute property and do not entitle a member to a vested right or interest. Coins are non-refundable and non-exchangeable. Coins are not transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale or transfer of Coins is strictly prohibited. Coins may not be sold on any secondary market and any transfer of Coins to a secondary market shall be deemed void. Coins are internal to the TradeDuel system, are not stored or represented on a blockchain, and are not transferable via blockchain technology. Any Coins remaining in a Participant’s Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Coins to other Sponsor programs, unless otherwise determined by Sponsor in its sole and absolute discretion.
Coins are a purely virtual system of points, not backed by any real world assets. Coins cannot appreciate or depreciate in value as the result of market forces because there is no secondary market for TradeDuel Coins. TradeDuel controls the price of coins in the Coin Store, and can change the price at any time with or without notice, at its sole discretion.
In a situation where a user makes a coin purchase and a chargeback occurs, the user account in question will be frozen. TradeDuel reserves the right to freeze said user account in perpetuity and the user will not be able to enter into any additional contests, make transactions with Reward Points, or withdrawal any outstanding cash balance from the associated user account. TradeDuel reserves the right to resolve customer account issues at its sole discretion.
Tradeduel may set or change the minimum amount of funds required for a user to withdrawal from an account. Withdrawals are processed using a Skrill wallet and TradeDuel plans to add additional withdrawal mechanisms in the future.
Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from TradeDuel. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
TradeDuel also reserves that right to cancel any game(s) or contest(s), in its sole and absolute discretion, without any restrictions and for any reason or for no reason. TradeDuel, in its sole and absolute discretion, may disqualify any User from a contest, or the entire Service, and refuse to award point(s) or prize(s), and/or require the return of any prize, or suspend or terminate your account, if you engage in conduct TradeDuel deems, in its sole and absolute discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize or reward; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms & Conditions. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent TradeDuel from pursuing criminal or civil proceedings in connection with such conduct. Further, the Service MAY NOT BE USED FOR ANY FORM OF GAMBLING WHERE NOT PERMITTED BY LAW OR REGULATION.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of TradeDuel corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), TradeDuel reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
The failure of TradeDuel to comply with any provision of these Terms & Conditions due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of TradeDuel (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms & Conditions.
By entering a game or contest, each User consents to TradeDuel’s and its service providers’ and business partners’ use of the User’s name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other TradeDuel contests and TradeDuel generally, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to TradeDuel for up to 50 hours (or a higher quantity where specified by the rules of particular contests) of publicity, advertising and promotional activities relating to the contest or other TradeDuel products, services or events, without additional compensation. TradeDuel and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that TradeDuel may announce any winner’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of TradeDuel or other contests or games operated by TradeDuel. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Service Level Agreement
By entering the Contest, participants agree to waive any right to claim any ambiguity or error in these rules, or the Contest itself, and agree to be bound by these rules and by all decisions of Sponsor, which are binding and final. TradeDuel uses real market data that can experience an occasional outage or malfunction. TradeDuel will do all it can to provide a stable environment but will not be held liable for these data outages or malfunctions that may disrupt a contest.
TradeDuel is a game of skill. Winners are determined by the criteria stated in each game(s) rules. (For purposes of these Rules “game” is also a “contest”.) For each contest, leaderboard standings are determined by the relative % return on each users virtual portfolio. Users that utilize their investment skills and knowledge to generate the highest % return on their virtual portfolio will be determined to be the “winners” at the conclusion of each game. Virtual portfolio returns are determined by the gain/loss performance of the individual holdings in the users TradeDuel virtual portfolio over the defined period of game play as noted in the specified contest rules. All entries in TradeDuel must be made up of holdings drawn from the eligible stocks or cryptocurrency within the TradeDuel app and selected to “the virtual portfolio” by the user within the time period listed in the contest rules.
There are no cash entry fees required to participate in a TradeDuel contest. Each TradeDuel contest has an entry fee listed in coins, or it may be free to enter. When you opt to participate in a contest that has a coin entry fee the amount in coins will be debited from your TradeDuel account. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in TradeDuel’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. TradeDuel reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
TradeDuel “Virtual” Portfolio
– All trades are simulated and do not represent an actual purchase/sale of security or real market transaction. TradeDuel does not broker real securities as a result of trading actions in a game, or for any reason.
– All simulated trades are synced with the user’s action, and “clear” at the aggregated market price of each stock or cryptocurrency, when that data becomes available to TradeDuel, by upstream data providers.
– Simulated trades always clear at aggregated market value recorded at or after the user submits their order.
– Market data is aggregated and delayed. Each game, stock exchange, or data provider, may have different delays and aggregation resolutions. For example, intraday North American equities may become available after a 15 minute delay, aggregated at a 5-second or 1-minute time resolution. Some games may be closer to real-time.
– Automatic liquidation. Delisted or low-liquidity stocks or cryptocurrency may be automatically liquidated from a virtual portfolio at their final closing price, or at a value of zero, if the final closing price is unavailable.
– Financial data differs from provider to provider. TradeDuel market data may not exactly match other websites, due to the processing and sourcing algorithms of TradeDuel’s upstream data providers.
– Splits and Dividends are simulated. TradeDuel simulates splits and dividends based on corporate actions data provided by upstream data providers. TradeDuel may miss a corporate action, in the event that the upstream provider fails to deliver it on time, and this may affect the outcome of a game. TradeDuel may process the corporate action ex post facto, when the data becomes available, and this may or may not correct the outcome of the game.
– Waiver of liability. TradeDuel may process an erroneous game outcome, if upstream data providers fail to deliver accurate data on time. TradeDuel reserves the right to correct the outcome of a game after it completes. In the process of a correction, prize winnings may be reclaimed from user accounts and redistributed as per the corrected rankings.
– A user can buy more virtual cash using TradeDuel coins for each individual virtual portfolio in each contest. This additional virtual cash can be used to place additional trades in your virtual portfolio, however, the final portfolio return is calculated based on your total return compared to your starting virtual portfolio balance in the game.
– Virtual trades entered after the market closes will be recorded as of the opening price the next business day.
– When a user places a new BUY trade, the corresponding amount of virtual portfolio cash is removed from their account and the remaining virtual cash becomes “unallocated capital.” The amount of unallocated capital available to place virtual trades is calculated automatically and users cannot utilize more than this amount to place new trades.
– At times, trade/transaction pricing and/or quotations may not exactly correspond to other updates or services available outside the game due to processing, third party data feed timing, or other factors. In the event of any discrepancy, the pricing in the TradeDuel contest will govern.
TradeDuel offers contests of varying duration, EX: one day, two days, one week, one month or three months. Prior to entering any contest, it is the User’ responsibility to verify and accept the duration of the contest.
– TradeDuel offers games with coin prizes, cash prizes and occasional, promotional, free to enter games with cash prizes
– There will be one (1) Rewards Store available to Participants. It will be available within the TradeDuel Web App. Sponsor will provide some exclusive content in the Rewards Store. Participants may redeem Reward Points for cash or merchandise through the Rewards Store.
– A Participant may begin using Reward Points from a Rewards Store at any time when they have accrued sufficient Points to cover the point value of the selected item.
– To redeem points in the Rewards Store, follow the links and instructions to browse through the Rewards Store. Once Participant has selected an item from the Rewards store, he or she can can redeem the necessary points by clicking on the “Redeem” button. Participant will receive confirmation that the transaction was successfully captured and the associated Points will be deducted from his/her Rewards Account.