Sweepstakes Disclaimers & Rules – Mode Mobile

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Open to legal residents of any country or state not listed in the Official Rules as prohibited. Void where prohibited by law. Promotion ends 11:59 PM (CDT) on 09/30/2023. A Skill-testing question required if a Canadian resident is selected. Maximum value of the Grand Prize is $100,000. The prize list for this Sweepstakes is as follows:
Grand Prize: Up to $100,000 (USD) in total value, but in no event less than $2,500 (USD) (based on success of the promotion) and $50,000 in Mode Mobile Class AAA shares* + 4 Mode Earn Phones
2nd Place: One Million Mode Earn Points + 3 Mode Earn Phones + $50 Mode Mobile Class AAA shares
3rd Place: 500,000 Mode Earn Points + 2 Mode Earn Phones + $50 Mode Mobile Class AAA shares
4th Place: 250,000 Mode Earn Points + 1 Mode Earn Phone + $50 Mode Mobile Class AAA shares
5th Place:100,000 Mode Earn Points + 1 Mode Earn Phone + $50 Mode Mobile Class AAA shares
6th-1000th Place: $50 Mode Mobile Class AAA shares
Odds of winning depend upon the number of eligible entries received. See Official Rules below for details.

Official Rules

ALL INTERNATIONAL, FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.

APPLICATION TO SWEEPSTAKES: These Official Rules apply to every sweepstakes held by Mode Mobile, LLC, a Delaware limited liability company (the “Sponsor” or "Mode"). However, specific sweepstakes may have specific rules. In such cases, Mode will publish such specific rules on the page for such sweepstakes. Where those rules differ from these rules, those specific rules will control unless a rule in these Official Rules is expressly provided herein to control (in which case such specific rule herein shall control over the specific rules on the page for such sweepstakes).

Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and creates a binding contract between Mode and the entrant. Mode Earn App Sweepstakes (each, “Sweepstakes”) begins at the applicable times and dates set forth on the Sweepstakes offer page within the App (as defined herein) ("Sweepstakes Period"). Unless otherwise specified, entries for a sweepstakes are first accepted at 12:00:01 A.M. CST and not accepted after 11:59:59 P.M. CST on the days specified on the page for such sweepstakes.

ELIGIBILITY:
(a) Contestants. Persons in any of the following categories are NOT eligible to participate or win prizes in a sweepstakes: any person who is: (a) a director, officer, employee, agent, or independent contractor of Mode or the applicable parent company, subsidiaries, affiliates or service agencies; or any entities retained by such person for the administration of the sweepstakes; (b) an individual engaged in the development, production or distribution of the sweepstakes materials or the prize supply for the sweepstakes; and (c) an immediate family member (defined as spouse, IRS dependent, or biological, adoptive or stepmother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who resides in the same household as, any person in any of the preceding categories.

(b) Non-US Entries. Most sweepstakes are open to legal residents of the fifty (50) United States and the District of Columbia, but they are void in all countries on the United States list of embargoed countries found here, Afghanistan, Argentina, Australia, Bahamas, Belgium, Belize, Bolivia, Brazil, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Croatia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Haiti, Honduras, Hong Kong, India, Iran, Iraq, Israel, Italy, Jamaica, Lebanon, Luxembourg, Malaysia, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Poland, Portugal, Russia, Singapore, Somalia, Spain, Sudan, Sweden, Syria, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, Venezuela, Yemen, Zimbabwe, and any other country where local laws would prohibit the provision of or entry into a sweepstakes or similar promotion.

(c) Prize Limitations. Your country, state, principality or governing body may allow you to enter a sweepstakes but not allow you to receive the prize from winning such sweepstakes. It is your responsibility to review any specific restrictions before claiming that prize or entering such sweepstakes. Mode is not obligated to deliver a prize or allow your entry into a sweepstakes if such delivery or entry would violate applicable law or regulations.

HOW TO ENTER: Mode offers various ways to enter a sweepstakes via the Mode Earn App (the “App”) or other media channels promoting Mode or the App:

(a) Mystery Boxes. If you are located in a region where Sweepstakes entries are a “Mystery Box” reward attribute, you will receive 100 entries for each time you earn a “Mystery Box.” At such time, the earned Sweepstakes entries are automatically added to the entrant pool of the Sweepstakes promotion in effect during a Sweepstakes Period.

(b) Mode Offer Wall. Entrants may earn Sweepstakes entries by completing Offers from the Offer Wall in the App. Each completed offer shall specify how many Mode Points an Entrant shall earn upon completion of the offer. Upon completion of an offer, Entrants shall also receive an equivalent number of Sweepstakes entries, which will be added to the entrant pool of the Sweepstakes promotion in effect during a Sweepstakes Period.

(c) Mode Earn Club Subscription. If you purchase a subscription to the Mode Earn Club (modephone.com), you will receive monthly Sweepstakes entries, which will be added to the entrant pool of the Sweepstakes promotion in effect during a Sweepstakes Period.

(d) Fundraise Participation. If you invest in Mode by participating in one of our crowdfunding campaigns conducted through FINRA-registered broker dealers, you will receive a number of Sweepstakes entries as an additional perk, which will be added to the entrant pool of the Sweepstakes promotion in effect during a Sweepstakes Period. The number of entries will vary based on, among other things, the timing and size of the investment.

Once submitted, an entry cannot be deleted, canceled, or modified. Any personally identifiable information collected by the Sponsor during an entrant's participation in the Sweepstakes may be used by Sponsor, its respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules. Sponsor reserves the right, in its sole discretion, to void any and all entries of a participant that who Sponsor believes has attempted to tamper with, influence, or impair the administration, security, fairness, or proper play of the Sweepstakes. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor are final and binding in all matters relating to the Sweepstakes.

DRAWINGS AND NOTIFICATIONS: The App automatically draws random winners from all those that enter at the end of each Sweepstakes Period (“Sweepstakes Winners”). The Sweepstakes Winners are then contacted within two (2) weeks of the close of the Sweepstakes Period by email at the address provided by users of the App to Sponsor when downloading the App. All drawings will be conducted in the App by the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to the Sweepstakes. The odds of winning a Monthly Prize depend on the total number of eligible entries received during the Sweepstakes Period. All winners will be contacted by the email address that they provided in the App when they register.

PRIZE VERIFICATION & CONDITIONS: A Sweepstakes Winner will only be confirmed as the winner eligible to receive the Prize after Sponsor has completed verification of Sweepstakes Winner’s eligibility to win and confirmed Sweepstakes Winner’s compliance with the terms of these Official Rules. Sweepstakes Winners must be willing and able to claim and/or accept a Sweepstakes prize in the period specified by Sponsor. Sweepstakes Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be confirmed and verified as eligible to win, a Sweepstakes Winner must comply with all terms and conditions of these Official Rules and fulfill all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner. In addition to all of the other requirements stated in these Official Rules, if the Sweepstakes Winner is a Canadian resident, (s)he must correctly answer a mathematical skill-testing question to be eligible to be confirmed the Winner. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winners cannot be reached within three (3) calendar days from the first notification attempt, or if a potential recipient is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner may be drawn. Sweepstakes prizes shall be delivered or paid within ninety (90) days from the end of an applicable Sweepstakes Period.

(a) Winner Documentation. To receive a Sweepstakes prize with a value in excess of $600 (USD), and as part of the Winner confirmation and verification process, Sweepstakes Winner must accurately complete and timely return Sponsor’s Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), any other documentation reasonably required by Sponsor (where permitted by law), and/or any other document necessary to confirm and verify a Sweepstakes Winner’s eligibility, as determined by Sponsor, in its sole discretion (collectively, the “Winner Documentation”). Sweepstakes Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Sponsor, or the Sweepstakes Winner may be disqualified and will forfeit any claim to any of the Prizes(s).

(b) Background Checks. Except where legally prohibited, Sponsor reserves the right to conduct background checks on a Sweepstakes Winner, where applicable. Participation in a Sweepstakes constitutes Participant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from Sweepstakes Winner. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes Winner based on the results of such background check, if the Sponsor determines in its sole discretion that awarding the Prize to such Sweepstakes Winner might reflect negatively on Sponsor. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Sweepstakes Winner, whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, Sweepstakes Winner must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Sweepstakes Winner fails to sign and return the required documentation within the period specified by Sponsor, Sweepstakes Winner may be disqualified and will forfeit any claim to any of the Prizes(s). Sweepstakes Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, sexual orientation, or any other protected class or status.

(c) Prizes. That Include Winning an Automobile: For Sweepstakes that involve an automobile as the stated prize (“Prize Auto”), Winner must have a valid driver’s license and proof of insurance to take delivery of the Prize Auto and must take delivery of the Prize Auto at a location specified by Sponsor, in its sole discretion. For any Prize Auto, neither Sponsor nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize Auto, including but not limited to its quality, mechanical condition or fitness. Notwithstanding, in certain cases, the Prize Auto may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. A Prize Auto may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions. In such a case, the Winner may be required to take cash or other alternatives instead. Winner must take delivery of the vehicle at a location and time of Sponsor’s sole choosing. Sponsor reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.

From time-to-time, the Sponsor may conduct Sweepstakes where the grand prize may be a large non-cash prize (e.g., the Prize Auto discussed immediately above). In such cases, the Sweepstakes Winner may elect to substitute the grand prize for an alternate cash prize option, which will be in the specific rules for such Sweepstakes promotions. Otherwise, no substitution of the prize or transfer of a prize will be permitted. All Prize winners are solely responsible for all applicable federal, state and local taxes and/or any other fees/costs associated with the prize or receipt of the prize. If a Prize winner wins a U.S. Dollar equivalent in USD of $600 or more from the Sponsor within a calendar year they will be required to fill out, sign and return a W-9 form and disclose his/her social security number for the purpose of issuance of a 1099 Form for tax purposes (if winners are not residents of the United States, they will be required to fill out the equivalent tax form of the country of their residence). This form will need to be provided to the Sponsor before a Prize winner can receive any additional prizes. If this form is not provided within 7 days of prize notification the prize may be forfeited and an alternate winner selected.

GENERAL: By accepting a prize, where permitted by law, recipient grants to the Sponsor its parent, subsidiaries and related companies, and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the recipient’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. FURTHERMORE, IN CONSIDERATION FOR RECEIPT OF THE GRAND PRIZE, GRAND PRIZE WINNERS MAY BE REQUIRED TO PARTICIPATE IN A WRITTEN Q&A INTERVIEW WITH THE SPONSOR AND THE DISSEMINATION OF SUCH INTERVIEW WILL BE SUBJECT TO SPONSOR’S PUBLICATION RIGHTS SET FORTH IN THE IMMEDIATELY PREVIOUS SENTENCE OF THIS SECTION. IN NO EVENT WILL SPONSOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, PRIZE PROVIDER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.
By participating, entrants release and agree to hold harmless the Sponsor, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, dealers, distributors, suppliers, Prize provider and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). Winners acknowledge that Sponsor have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.

INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in the Sweepstakes or downloading any materials in the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

USE OF DATA: All information submitted by entrants will be treated according to Sponsor’s privacy policy, available on its website at https://Modemobile.com/. By participating in the Sweepstakes and providing your e-mail address and/or phone number, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Illinois. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

TRANSFER: The transfer of status as a winner of a Sweepstakes is strictly prohibited.

WINNER LIST: A winner list for a Sweepstakes may be requested by reaching out to Mode at legal@modemobile.com with the heading “Request for Mode Sweepstakes Winner List.” All winners’ lists shall be limited to: (i) First Name; (ii) Last Name Initial; and (iii) City and State or Country of Residence of Winner.

SPONSOR: Mode Mobile, LLC, One East Erie Street, Suite 525, Chicago, IL 60610.

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