The FTXMas Sweepstakes

The FTXMas Sweepstakes 

OFFICIAL RULES

Sponsored by West Realm Shires Services Inc. dba FTX US (“Sponsor”). 

NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. THE SWEEPSTAKES IS SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED.

The FTXMas Sweepstakes (the “Sweepstakes”) begins on December 22, 2021 at 12:01 AM EST and ends on December 31, 2021 at 11:59pm EST (the “Promotion Period”). All entries must be received by the Sponsor on or before the end of the Sweepstakes Period through the means provided in order to be eligible.  The Sponsor reserves the right to verify the eligibility of all winners.  

1. Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these “Official Rules.”
2. Eligibility. The Sweepstakes is open to (i) legal residents of the 50 United States and D.C., other than Florida and New York, and (ii) those who are eighteen (18) years of age or older at the time of entry.  Residents of each of Florida, and New York, United States territories and possessions and any territory in which the Sweepstakes is void or prohibited by law are disqualified from entry and shall not be considered when selecting the winner.  Entries from legal residents of those affected territories or from countries and territories outside the United States shall be deemed void, without refund or other compensation to the affected entrants. Employees of Sponsor, any of Sponsor’s partners affiliated with a Prize, (each a “Partner”) and their parent companies, affiliates, subsidiaries, advertising or promotion agencies, and their respective immediate family members and persons living in the same household, are also not eligible to participate in the Sweepstakes. In addition to the forgoing, MLB Entities shall be precluded from participating in the Sweepstakes. For the purpose of this Sweepstakes, the “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. Sponsor reserves the right to verify the eligibility of the potential winner.
3. How to Enter. To enter the Sweepstakes, follow the link listed on the official FTX Instagram (@FTX_Official) or Twitter (@FTX_Official) social media sites, or (if applicable) contained in an email at www.ftx.us/FTXMas.  Complete the entry form in full, including your name and all other information required on the entry form, and transmit the form as provided in the instructions included with it.  After submitting the required information on the entry form, you will receive one entry into the Sweepstakes.  Limit: one Sweepstakes entry per person.   No purchase or payment is necessary to win.

Entries must be sent as provided in these rules and must be received within the Sweepstakes Period to be valid for participation in the award of a Prize.  All entries become property of Sponsor and none will be acknowledged or returned. No automatically generated, photocopies or other form of mechanically reproduced entries will be accepted. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. The Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.  

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING.  AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THAT ENTRANTS’S ELIGIBILITY AND COMPLIANCE WITH ALL REQUIREMENTS TO CLAIM A PRIZE HAVE BEEN VERIFIED AND FULFILLED, AND THE ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.  

1. Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on or around January 6, 2022.  Prize winners will be chosen at random. Odds of winning depend on the number of eligible entries received. The prize is non-transferable and no cash or other substitution of the prize is permitted. 
2. Prizes and Odds: One (1) separate winner will be selected for each of the prizes listed below:

• Miami HEAT Experience: Two (2) tickets for courtside seats to a 2021 - 2022 Miami HEAT regular season game, includes flights and hotel
• FTX Arena Experience: Two (2) suite tickets for a 2022 FTX Arena concert or event of choice, includes flights and hotel
• Mercedes Formula 1 Team Merchandise Pack: Including a signed Lewis Hamilton cap
• MLB All-Star Week Experience: Two (2) tickets for winner and one (1) guest for the T-Mobile Home Run Derby, 2022 MLB All-Star Game presented by Mastercard, includes flights and hotel. Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket currently available at: mlb.com/ticketback. Seat locations at the game/event/exhibition, and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Sponsor and MLB Entities will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game/event/exhibition ticket. MLB Entities make no warranty, guaranty, or representation of any kind concerning the prize (or any portion thereof) and disclaim any implied warranty
• Golden State Warriors Experience: Two (2) 2021-2022 Warrior’s regular game tickets, one (1) piece of signed memorabilia, includes flights and hotel.
• Washington Wizards® or Washington Capitals® Game Tickets and Merchandise: Two (2) tickets to Winner’s choice of one Wizards® or Capitals ® 2021-2022 regular season home game at the Capital One ® Arena in Washington, D.C. an one Wizards or Capitals jersey autographed by a current player. Game dates, seats and merchandise determined by Sponsor and subject to availability, terms, and restrictions. 
• FTX Field – California Memorial Stadium Game Experience: Two (2) tickets to a 2022 regular season Cal Football game, one (1) piece of memorabilia or merchandise pack, includes flight and hotel. 
• TSM Experience:  Autograph jersey(s) from a select number of TSM FTX professional esports teams. Number and players to be determined in Sponsor’s sole discretion. 
• Kevin O’Leary Virtual Meet & Greet: One (1) 30 minute virtual lunch or pitch for your business
• FTX Athletes: One (1) piece of memorabilia signed by an FTX athlete partner to be determined by Sponsor in Sponsor’s sole discretion. 

Prizes provided solely by Sponsor, and not Sponsor’s Partners. The odds of winning the prize depends on the total number of eligible entries received. The prize is non-transferable and no cash or other substitution of the prize is permitted. Sponsor will not replace the prize (or any portion thereof) if it is lost or stolen. Each winner is solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to the prize. Each winner agrees to provide Sponsor with any additional information and complete any required tax or other forms relating to your receipt of a Prize. 

If a Winner wins a prize that include airfare, such airfare will be economy class and will be provided to and from a single airport anywhere within the continental U.S. The Winner and any guests (if applicable) will be responsible for all other transportation, accommodations, food and beverage expenses and other costs and expenses in connection. 

Acceptance of and participation in any Prize may subject to additional terms and conditions including COVID-19 Safety Protocols which may be required by the FTX partners.

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER AND WILL BE BASED ON THE ACTUAL RETAIL VALUE OF THE PRIZE AND OTHER FACTORS AS PROVIDED BY LAW.  THE WINNER WILL BE REQUIRED TO COMPLETE ALL NECESSARY TAX DOCUMENTATION IN CONNECTION WITH RECEIPT OF THE PRIZE.  

1. Notification of Winners. Each winner will be notified by email and will be required to respond to such email within 48 hours of date/time email was sent by Sponsor. Each winner must also sign and return any required affidavit of eligibility and publicity/liability release within two (2) days of Sponsor’s request. Sponsor assumes no responsibility for undeliverable emails (e.g., resulting from any form of active or passive filtering by an email client or for insufficient space in an email account to receive an email).  If a selected potential winner cannot be contacted, is ineligible, fails to respond to the email in the time allotted and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, their prize may be forfeited and an alternate winner may be selected from remaining valid, eligible entries. If the potential winner shall fail to comply with those official rules, including, without limitation, the COVID-related requirements, that potential winner may be disqualified and an alternate potential winner selected by the Sponsor from all eligible entries, as set forth above.  
2. Disclaimers and Limitations on Liability.

1. Sponsor and Sponsor’s Partners are not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, garbled, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties or any technical hardware or software failures of any kind, which may limit a person’s ability to participate in the Sweepstakes.
2. IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES OR THE ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

1. Indemnification. You agree to release, indemnify, defend and hold Sponsor, its Partners and each of their parents, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.
2. Publicity. Except where prohibited, by participating in the Sweepstakes, you consent to the use of your name, photo and/or likeness, biographical information, entry and statements attributed to you (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, on the Sponsor’s promotional website located at ftx.us/FTXMas and those of our partners and our social media channels (including https://instagram.com/ftx_official/, and https://www.twitter.com/ftx_official), without additional compensation. 
3. Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in Sponsor’s opinion (a) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications,  equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, or (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the entrants. Sponsor also reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion.  
4. Governing Law and Choice of Forum. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in Santa Clara County, California. 
5. Personal Information. Sponsor may collect personal data about entrants online, in accordance with its privacy policies and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Sponsor’s Privacy Policy, which can respectively be found at https://help.ftx.us/hc/en-us/articles/360043578573-Terms-of-Service 
6. Third Party Platforms. If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g., Facebook, Instagram or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. This Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
7. Winners List. For the name of the prize winner, send an email message to support@ftx.us with “Winners - The "FTXMas?" Sweepstakes” as the email subject and Winner - The "FTXMas" Sweepstakes specified in the body of the email. Requests must be received within four (4) weeks of the end of the Promotion Period.  The winner list will be available after the winner has been verified.
8. This Sweepstakes is in no way sponsored by any of the Sponsor’s Partners. Any and all trademarks, service marks, and copyrights are proprietary to each respective Partner. All rights reserved.
9. Sponsor’s Address: West Realm Shires Services, Inc. d/b/a FTX U.S., 2000 Center Street, Suite 400, Berkeley, California 94704.