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Official Contest Rules

FORESYTE'S $I,OOO MONTHLY ORB CHALLENGE

Entry into this Contest constitutes your acceptance of these Official Rules. No purchase is necessary to enter to win. A purchase does not increase the chances of winning.

SPONSOR

This Foresyte Contest (“Contest”) is sponsored by Foresyte, Inc., 3021 N. Southport Ave., Unit 4A, Chicago, IL 60657 (“Sponsor”).​

WHO IS ELIGIBLE

The Contest is only open to legal residents of the forty-eight (48) contiguous the United States and the District of Columbia, excluding residents of Puerto Rico, all U.S. territories and possessions, and all overseas military installations, (a) who are at eighteen (18) years of age at the time of entry and the age of majority in their jurisdiction of residence at the time of entry, (b) who have created an account  and registered an account through Sponsor’s application and/or website (https://www.foresyteapp.com); and (c) confirmed entry into this Contest upon visiting the ‘Orb Board’ page on Sponsor’s application.  Employees of Sponsor, its affiliates, subsidiaries, directors, officers, and prize suppliers (collectively, the “Contest Entities”), and each of their immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter or win. For the purpose of the Contest, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children, and grandchildren. Void where prohibited by law. Limit one (1) eligible entry per person during the Entry Period (defined below). Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive, or otherwise not in compliance with the Official Rules (defined below) may be disqualified from the Contest at the Sponsor’s sole and absolute discretion. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to the Sponsor’s satisfaction, the affected entry will be deemed ineligible. Illegible and/or incomplete entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.

ENTRY PERIOD

The entry period for the Contest will commence on the first day of each calendar month at 12:00 a.m. Central Daylight Time and expire at 11:59:59 p.m. Central Daylight Time on the last day of each calendar month (“Entry Period”).

HOW TO ENTER

All users who have created an account on Sponsor’s application and visits the Orb Board page as follows:  In order to enter the Contest, the potential entrant must click to agree that they have read the official Contest Official Rules, select whether the entrant wishes to have their profile remain anonymous or posted on the leaderboard for public viewing, and tap the “confirm” button located near the bottom of the Contest entry page prior to expiration of the Entry Period. Potential entrants that complete these steps will successfully be entered in the Contest (“Eligible Entry”). In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the Authorized Account Holder of the account on Sponsor’s application at the time of entry. “Authorized Account Holder” is defined as the natural person who owns and operates the account on Sponsor’s application and who is responsible for the email address associated with such account. Entries received from any person in excess of the stated limitation will be void. Any attempt by a person to enter more than once with multiple email accounts or by any other means may result in disqualification. Entries will not be carried forward into subsequent ‘entry periods’ for other promotions or drawings.

WINNER CRITERIA/NOTIFICATION

Five (5) winners will be selected on or about the fifth (5th) day following each calendar month based on the following criteria:

  1. Daily Foresyte Visit = 100 Orbs (reward increases by 1.1X each consecutive day an entrant returns for a visit)

  2. 7 Consecutive Days Visited Bonus = 1,000 Orbs (bonus opportunity resets when milestone is completed)

  3. 30 Consecutive Day Visited Bonus = 10,000 Orbs (bonus opportunity resets when milestone is completed)

  4. Complete Lifestyle Profile =  500 Orbs (one-time reward for completing the full account setup process)

  5. Add Event to Calendar = 50 Orbs per event (max credit for 3 events per day to prevent gaming)

  6. Invite Friend to Event = 150 Orbs (max 3 monthly credits per unique friend invited to prevent gaming – for avoidance of doubt, entrant may only get credit for inviting a friend to an event 3 times throughout the course of a month, but can keep earning by inviting new friends)

  7. Accept Event Invitation = 100 Orbs (max 3 monthly credits per unique friend invited to prevent gaming; – for avoidance of doubt, entrant may only get credit for inviting a friend to an event 3 times throughout the course of a month, but can keep earning by accepting invites sent by other friends)

  8. Refer Friend = 1,000 Orbs (must send invitation using Foresyte's SMS referral system; max 1 credit per unique contact invited to prevent gaming; – for avoidance of doubt, entrant may only get credit for inviting a friend to download Foresyte one time, but can keep earning by inviting other friends to download)

  9. Friend Joins = 5,000 Orbs (referral must activate Foresyte's free trial in order to be eligible for reward) 

  10. Final Week Surge = 2X Orb Multiplier (earn double rewards on all scoring opportunities during the final week of each calendar month; criteria 1, 2, & 3 – daily visit rewards – are excluded)

The winner will be notified by the Sponsor via email to the account that they entered the Contest with. No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. The winner must respond to the initial notification, according to the instructions provided, within five (5) business days of such notice or the Prize may be forfeited and awarded to an alternate entrant.Such Prize winner may be required, as needed, to execute and return an affidavit of acceptance, eligibility, liability and publicity release (where legal) as well as a W-9 form. In the event the foregoing is not returned within such timeframe, such the Prize will be forfeited and Sponsor will select an alternate Prize winner.

PRIZE

The top five (5) winners each calendar month will be awarded one (1) Visa gift card as follows:

  - 1st Place: US $500 prepaid Visa 

  - 2nd Place: US $250 prepaid Visa

  - 3rd Place: US $150 prepaid Visa

  - 4th Place: US $50 prepaid Visa

  - 5th Place: US $50 prepaid Visa

The foregoing shall be collectively referred to herein as the “Prize”. The Prize is non-transferable, with no cash redemption, equivalents, or substitutions except at the Sponsor’s sole and absolute discretion.All Prizes shall be distributed via ‘Rewards Genius.’ Any dispute as to the correct person to receive the Prize will be decided by the Sponsor at its sole discretion. The winner is responsible for all costs and expenses not set forth herein, as well as any federal, state, and/or local taxes imposed as a result of acceptance of the Prize. By accepting a Prize – except where legally prohibited – entrant grants permission for Sponsor and its designees to use entrant’s name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade, and promotional purposes relating to this Contest, without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

BINDING AGREEMENT

In order to participate in the Contest or to win a prize, entrants must agree to these Official Rules (“Official Rules”). Because these Official Rules form a legally binding agreement with respect to the Contest, please read them carefully. If entrant does not agree to the Official Rules, Entrant is not eligible to participate in the Contest or to win a Prize (as defined below). Each entrant agrees that their registration as an individual participant under the Contest constitutes their agreement to these Official Rules. Failure to comply with these Official rules may result in disqualification form the Contest. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules.

ODDS

Odds of winning the Prize depend upon the total number of Eligible Entries received and the participation based on the calculation of the criteria set forth in these Official Rules.

WINNERS LIST

The winners will be announced on the social media pages of Sponsor’s application and/or website within five (5) business days following the end of each Entry Period.

GENERAL CONDITIONS

In the event that the operation, security, or administration of the Contest are impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the Prize at random from among the Eligible Entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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 Official Rules shall not constitute a waiver of that provision.

INDEMNIFICATION/LIABILITY

By entering and participating, each entrant agrees to release, discharge, indemnify, and hold harmless the Contest Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to: (i) entrant’s participation in the Contest, and (ii) entrant's acceptance, use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of a Prize.

NO WARRANTY

ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

GOVERNING LAW

The Contest and these Official Rules are governed by and shall be construed in accordance with the laws of the State of Illinois, without regard to the principles of conflicts of laws.  All disputes shall be resolved exclusively in the state or federal courts in the state of Illinois, and entrant expressly consents to the jurisdiction of said courts and waives any objection thereto. All applicable federal, state and local laws and regulations apply.

ADDITIONAL RULES

Entry data that has been tampered with or altered are void. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems; or (iii) any injury or damage to entrant’s or any other person’s mobile device or computer related to or resulting from participating in the Contest. The date and time of entry receipt shall be determined by the official clock on the Sponsor’s application. Submitted materials become the sole property of Sponsor and will not be acknowledged or returned. Sponsor reserves the right to suspend, modify or terminate the Contest if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Contest. If the Contest is terminated before the end date, Sponsor will determine the winners from all Eligible Entries received as of the termination date.

 

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Sponsor’s application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control, and the discrepancy will be resolved in Sponsor’s sole discretion. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained here.

 

ANY ATTEMPT TO DELIBERATELY DAMAGE THE SPONSOR’S APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW.

RELEASE OF LIABILITY

By participating, each entrant releases and holds harmless the Sponsor, and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, and all others associated with the development and execution of this Contest from any and against any and all injury, loss or damage caused or claimed to be caused by entrant’s participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the Prize, and entrant agrees that these entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact, or in law, relating to the promotion and/or the awarding of any Prize except as expressly providing in these Official Rules. By participating, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.   Because some states do not allow the exclusion and/or limitation of liability for consequential or incidental damages, in such states, Sponsor’s liability is limited to the maximum extent permitted by law.

PRIVACY AND PUBLICITY

Personal information submitted by entrants in connection with the Contest will be collected, used and disclosed only for the purpose of administering the Contest, Prize fulfillment, or as entrants otherwise expressly consent to or as required by law. Personal information may be stored on servers in the United States and/or Canada and therefore may be subject to the laws and authority of other jurisdictions. By entering the Contest, entrant consents to such collection, use and disclosure. Any information Entrants submit is subject to Sponsor’s privacy policy available at: https://www.foresyteapp.com/privacy-policy

OPT-OUT FROM CONTEST

After completing the entry steps, entrants that wish to be removed from the Contest entry list and decline the chance to win a Prize can email contact@foresyteapp.com and include: “Foresyte Contest” in the subject line along with their first and last names and email address in the body of the email.

NO ENDORSEMENT

This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the Sponsor and Administrator of this Contest and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Pinterest, LinkedIn or Google.

TIE BREAKER

In the event of a tie among two or more winners, the entrants shall evenly split the total sum of the conjoint prize(s). For the avoidance of doubt, if three entrants tie for 1st place, then each entrant will receive a $300 prize ($500 + $250 + $150 = $900 / 3 tied winners). In another scenario, if three participants tie for 5th place, then each entrant will receive a $16.66 prize ($50 / 3 tied winners).

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