GLOBAL
ELECTION MARKETS "World Elections 2008" TERMS OF SERVICE AND
PROMOTION RULES
NO
PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
INTERNET ACCESS AND VALID E-MAIL ACCOUNT REQUIRED.
THE
GLOBAL ELECTION MARKETS "World Elections 2008" PROMOTIONS (the
"Promotions") IS OFFERED ONLY IN THE UNITED STATES AND DISTRICT OF
COLUMBIA AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, THE DISTRICT
OF COLUMBIA AND CANADA (WITH EXCEPTION OF PUERTO RICO AND THE PROVINCE OF QUEBEC)WHO ARE AT LEAST 18 YEARS OF AGE AT TIME OF REGISTRATION. Residents
of other jurisdictions or those under the age of 18 may participate in the
market and/or to determine their ranking but winning a cash prize in the Promotions
is subject to governing law where the participant resides.
VOID
WHERE PROHIBITED BY LAW.
1.
INTRODUCTION
A.
Overview. The Global Election Markets are a set of prediction market
competitions, where participants test their knowledge of politics against that
of other participants by predicting the outcomes of U.S. and foreign political
party primary elections/caucuses and general elections (the "Election
Events") by "buying" and "selling" with GEM Dollars
("G$") (NOT actual currency) fictitious novelty interests in
candidates for political office or political parties (in the case of a
parliamentary election). The Promotions are intended to advertise and promote
Global Election Markets, LLC and their affiliates's geopolitical information
services as well as for the entertainment of participants. THE PROMOTIONS ARE
NOT INTENDED AND SHOULD NOT BE USED FOR PURPOSES OF BETTING, WAGERING OR
GAMBLING.
B. Objective.
Use GEM Dollars ("G$") to "buy" fictitious interests in
those actual candidate(s) for political office or political parties who you
believe will win U.S.
or foreign political party primary elections/caucuses/general or parliamentary
elections. By correctly predicting the outcomes of Election Events, you
accumulate additional GEM Dollars ("G$").
Each
participant is only allowed one (1) Account for the Promotions and their
Account's GEM Dollars ("G$") will be used to determine both the
number of entries for the Sweepstakes and virtual Cash that is used to bid on
the auction prizes. Any participant
found to have more than one account will be automatically disqualified from
participating in any ongoing and future promotions.
C. The interests in political
candidates which are "bought" and "sold" in the Promotions
are completely fictitious and are NOT and should NOT be construed as stocks,
bonds, or any other form of equity or security of Global Election Markets LLC
or any other person or entity.
2.
ELIGIBILITY:
Employees, officers, directors, agents, and representatives of Global Election
Markets, LLC (the "Sponsor"), its parent, affiliates, subsidiaries
and promotion, marketing, advertising and production agencies and each of their
respective immediate family members (defined as parents, spouse, children,
siblings, and grandparents) and any person residing in their same household are
NOT eligible to register or participate.
3.
PROMOTION PARTICIPATION.
A. Promotion
Period. The Promotions begin on or about August 1, 2008 at 12:00:01
a.m. Central Time ("CT") and ends on 12/31/2008 at 10:00:00 p.m. CT. GEM
Reserves the right to delay the start of the Promotion, in which case
notifications will be made through the Website
B. Registration.
Go to www.globalelectionmarkets.com, and
follow the registration instructions, by choosing a unique username and
password; providing your address, e-mail address and date of birth. This
information is used for the sole purpose of confirming the participants
identity, eligibility for awarding any prizes the participant may have won
through the Promotions. Check the
box indicating that you have read, understand and agree to these Official
Rules. Then, click the "Submit" button to complete your registration
and to create your Account (hereafter, "the Account"). Once your
Account is created you will then be able to select a country option and an
election option. Once you select the initial country and election option your
Account will be credited with twenty GEM dollars plus 10 shares of each candidates
for that particular election (equal to G$10). Each group of all candidates for
that particular election is considered a ?basket?, each basket is worth G$1 and
contains one share of each possible outcome; The basket will include a
"rest of field candidate" representing all other possibilities not
included in those named. Five shares of the initial endowment will be automatically
invested into the election by creation of a random computer generated set of ?buy?
and ?sell? orders based on the current market view at the time of joining that
particular election. ?Buy? orders will
be placed in at a discount of 90% times the current market view and ?Sell?
orders will be placed in at a premium of 1.10% the current market view. Any existing orders that match the random
orders generated will be automatically matched and be credit/debited to your portfolio,
any unmatched orders will be held for 24 hours before they can be cancelled. This
process will occur each time you join and election. You will be able to get
additional grants of twenty (20) GEM Dollars plus $10 worth of Baskets for each
election event that you select only after you have selected to ?join this
election?. The maximum grant of GEM Dollars for a single Election Event is
twenty (20) GEM Dollars G$20 plus G$10 worth of shares. The maximum grant of
GEM Dollars for the contest will be thirty GEM Dollars multiplied by the number
of Election Events held during the contest (including Election Events that have
not been decided by the end of the Promotion Period. You may trade away any of
the candidates and get additional GEM Dollars ("G$") from other
participants in the Contest that want to buy the candidates you are selling.
There is a Limit of one (1) registration/Account per person. No joint/group
Accounts are allowed. Each time you visit the website (after you have registered
and created an Account), to participate in the Promotions, you must first
log-in using your username and password. You are solely responsible for the
security of your username and password. You should take precautions to keep
your username and password private to prevent any unauthorized use. Sponsor
disclaims any and all responsibility for any losses, damages or consequences
you may suffer due to careless or unauthorized use of a username or password.
C. How
To Play.
1. "Buying"
and "Selling" At any time prior to the "Freeze Time"
for an Election Event (as defined in Section 3C-2 below), you may
"buy" or "sell" interest(s) in candidate(s) in your
Account. For each Election Event, review the slate of candidates or parties (in
the case of a parliamentary election). Visit www.globalelectionmarkets.com
for a list of Election Events. From the list of candidate(s) or parties, use
the GEM Dollars ("G$") in your Account to "buy" interest(s)
in those candidate(s) or parties who you believe will win the designated
Election Event(s) by making an offer to buy at a "buy" or
"bid" price, you nominate. Sellers will also be in the market and
will nominate "sell" or "ask" prices. The prediction market
computer program will match buy and sell prices and quantities and
automatically execute trades when a buyer and seller have nominated prices and
quantities that are consistent with a trade. The computer program will only
execute trades when the price and quantities offered for exchange by buyers and
sellers are consistent. This will occur when a buyer takes a seller's
"ask" or a seller takes a buyer's "bid" in terms of both
price and quantity. When you "buy" an interest in a candidate for
political office, the market "buy" price of the candidate (in GEM
Dollars ("G$") will be automatically deducted from your Account and
the candidate or party will be credited to your account. If you do not have the
appropriate quantity of GEM Dollars ("G$") in your Account, you will
NOT be permitted to "buy" an interest in that candidate at that
market "buy" price. When you "sell" an interest in a
candidate or party the appropriate quantity of GEM Dollars will be credited to
your account and your account will be debited that candidate or party.
2. "Freeze
Time." "Buying"/"selling" will only be permitted
up to the Freeze Time for a given Election Event, which will be determined by
the Global Election Markets Committee of Experts (?the Committee?) as further
described in Paragraph 8D below. As of the Freeze Time, all Accounts will be locked
for that Election Event and no further "buying"/"selling"
can take place for that Election Event and a winner will be declared. In many cases, trading will be permitted until
the time the Committee decides to close an pay out an election.
3. Scoring.
If the candidate(s) for a particular Election Event in your Account as of the
Freeze Time for that Election Event win the given Election Event as determined
by the Committee of Experts (as defined in paragraph 8D below), you will
receive 1 GEM Dollars ("G$") per correct prediction. But, if the
candidate(s) in your Account do not win a given Election Event, your investment
in such candidate(s) automatically becomes worthless i.e., it has a value of
zero GEM Dollars (G$0). After each Election Event, Sponsor will calculate each
Account's current balance of GEM Dollars ("G$") based on the accuracy
of the Account registrant's predictions in the immediately preceding Election
Event(s). Allow approximately three (3) business days after the Committee of
Experts (as defined in Paragraph 8D below) makes a final determination on the
Election Event for Account information to be updated to reflect Election Event
results and for GEM Dollars ("G$") to be credited to the Account, as
appropriate. For Election Events where the Freeze Time has not occurred as of
10pm CST on 12/31/2008, then the value of each candidate in the Account will be
calculated as of the market price for the last executed trade or if there is no
last executed trade the for the mid range value of the bid and ask spread for
each candidate. If there is no last executed trade nor is there a bid and ask
spread, then the value of that candidate or party will be zero GEM Dollars (G$0).
4. Auction. G$ can be used to participate in auctions for prizes in the.
Participants may only bid the un-invested G$ they have earned which is the
virtual cash listed as "available cash" under the "Your Cash and Stocks" option
in "Your Account." Although each auction
has a preset "closing time" beyond which no more bids may be
accepted, this closing time is pushed back five minutes later than the latest
bid whenever that bid is made within five minutes of the closing time. For
example, if the closing time is 6:00 PM, and a bid is made at 5:58 PM, then the
new closing time is 6:03 PM. n each auction, the highest bidder gets the prize
in exchange for the G$ that he/she bid. A participant who makes a winning bid
will have his/her account debited of the corresponding amount of G$. Even if
he/she forfeits the prize, his/her account will still be debited of the amount
of the winning bid. In contrast, the G$ allocated to losing bids are not
debited and may be reinvested in the Game, or used to make other bids during
other auctions. If an auction closes and no bids have been made, then the prize
may not be awarded at all, or it may be put up for auction again at a later
time.
THE
GLOBAL ELECTION MARKETS "World Elections 2008" PROMOTIONS (the
"Promotions") IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, THE DISTRICT
OF COLUMBIA AND CANADA (WITH EXCEPTION OF PUERTO RICO AND THE PROVINCE OF QUEBEC)WHO ARE AT LEAST 18 YEARS OF AGE AT TIME OF REGISTRATION. Residents
of other jurisdictions or those under the age of 18 may participate in the
market and/or to determine their ranking but winning a cash prize in the
Promotions is subject to governing law where the participant resides. Eligibility will be
determined as documented by the physical address specified in the user's
profile at the time of registration to GEM. The prize will be shipped to the
address he/she specified at the time of registration and verifiable in his/her
"member profile". Prizes will be awarded within approximately eight
weeks of an auction's closing. If a player wants to have the prize shipped to
another address than the one he/she specified upon registering, he/she will
have to provide GEM proof that the original address was indeed his/hers at the
date of registration.
The selection and starting prices (in G$) of
the prizes put up for auction depends on availability and GEM reserves the
right to substitute prizes of equal or greater value for any specific auction
at any time. If a prize substitution is made for a specific auction prior to
its closing time, the substitution will be effectively posted on the auction's
bid page.
Auctions,
their frequency, duration and prizes determined by GEM at its sole discretion. GEM will post any Auctions under the ?Action?
link under the ?Prizes? section of the Website.
GEM will provide information of the prize, duration, closing time and
any other criteria under this section.
5. Sweepstakes. G$ can be used to participate in the
Sweepstakes for prizes. Participants may only redeem the uninvested G$ they
have earned which is the virtual cash listed as ?available cash? under the
?Your Cash and Stocks? option in ?Your Account? for chances to win the posted
sweepstakes. Participants will earn one (1)
entry into the Sweepstakes for every GEM Dollar that is allocated from the
Participant?s account by going to the sweepstakes web page on the site. All GEM
$ that are used to buy sweepstakes entries will be deducted from the
participants account as soon as they virtually redeem their G$ for chances to
win in the sweepstakes. A sweepstakes will be held on or about 1 October, 1
November, 1 December of 2008 and 1 January of 2009. Entries in each respective sweepstakes will
be halted at 23:59 CST on the day preceding the sweepstakes drawing. However, Sweepstakes, their frequency,
duration and prizes determined by GEM at its sole discretion. GEM will post any Auctions under the
?Sweepstakes? link under the ?Prizes? section of the Website. GEM will provide information of the prize,
duration, closing time and any other criteria under this section.
On each
sweepstakes date cited above the GEM platform will select a random computer
generated prize winner from among all eligible entries received for the
Sweepstakes in order to award the Sweepstakes Prizes (as defined in section 7B
1-4 below). Judges decisions are final. Odds of winning depend upon the total
number of eligible entries received during each sweepstakes.
THE
GLOBAL ELECTION MARKETS "World Elections 2008" PROMOTIONS (the
"Promotions") IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, THE DISTRICT
OF COLUMBIA AND CANADA (WITH EXCEPTION OF PUERTO RICO AND THE PROVINCE OF QUEBEC)WHO ARE AT LEAST 18 YEARS OF AGE AT TIME OF REGISTRATION. Residents
of other jurisdictions or those under the age of 18 may participate in the
market and/or to determine their ranking but winning a cash prize in the Promotions
is subject to governing law where the participant resides. Eligibility will be
determined as documented by the physical address specified in the user's
profile at the time of registration to GEM. The prize will be shipped to the
address he/she specified at the time of registration and verifiable in his/her
"member profile". Prizes will be awarded within approximately eight
weeks of an auction's closing. If a player wants to have the prize shipped to
another address than the one he/she specified upon registering, he/she will
have to provide GEM proof that the original address was indeed his/hers at the
date of registration.
6. University Competition. GEM university league competition
is a chance for universities to compete against each other for bragging rights
as the university team with the most astute political acumen. GEM university
league competition will be eligible to participants who indicate that they are
students, faculty, alumni, and/or administrative members of the university
("the University Team") at registration.. A valid ".edu" or
corresponding university email account will need to be used when registering to
play as part of the University Team. The email address used will be linked to
the corresponding University to which the email domain belongs. Account holders
not registering with a valid university account will not be registered as part
of the University Team.
In order
for a University Team to be officially entered into the University League,
there will need to be at least five (5) unique participants from that
university registered to play.
7. Election Events. Go to www.globalelectionmarkets.com
for a list of Election Events available for participation. The Election Events
are subject to change throughout the duration of the Promotion Period. In
addition there may be a situation where the "Rest of Field" candidate
is split into a named candidate and another Rest of Field Candidate. If this
occurs then any Accounts that hold the "Rest of Field" interest for
the Election Event where such a split occurs will be credited with a new named
candidate and the residual Rest of Field candidate.
8. Additional
Restrictions. Be careful in deciding to "buy" or "sell"
interests in candidates, as once an interest in a candidate has been
"bought"/"sold", it cannot be altered, modified, retracted
or changed except by the exchange in the case of a split. By registering for
and participating in the Promotions, you agree to abide by and be bound by
these Official Rules as well as the decisions of Sponsor which are final and
binding in all respects.
8.
CONDITIONS OF PARTICIPATION.
A. Website
Privacy Policy & Terms of Use. The Privacy Policy and Terms of Use of www.globalelectionmarkets.com
govern your provision of personally identifiable information, participation in
the Promotions and all other use of the website. If you do not agree to the
Privacy Policy and Terms of Use, do not provide any personally identifiable
information, participate in the Promotions or otherwise use the website.
B. Rankings.
While every reasonable effort will be made to maintain and accurately reflect
the value of GEM Dollars ("G$") accumulated by a given registrant Sponsor
and its agencies assume no responsibility for any delays, technological or
other errors which result in inaccurate or incomplete total GEM Dollar
values/rankings (as appropriate) being displayed or awarded at any given time.
Sponsor further reserves the right to correct any errors in GEM Dollars ("G$")
awarded to a registrant and/or to otherwise adjust or revise GEM Dollars
("G$")/rankings (as appropriate) after posting of same to
registrants' Accounts and/or the Promotions home page (as appropriate) without
notice or liability of any kind. Potential winners will be notified directly
and personally via e-mail or in writing from Sponsor (or its agency) as
discussed in Sections 4 and 7 above.
C. Prize
Conditions. Winners will be solely responsible for taxes on prizes. Winners
will receive an IRS Form 1099 reflecting the value of the applicable prize won.
Limit one (1) prize per Account/person/e-mail address. Prizes may not be
assigned or transferred. Potential winners must complete, sign and return an
affidavit of eligibility, liability release and publicity release (where
lawful) and W-9 form within five (5) days of date indicated on documents. In
the event of noncompliance with this requirement, if a registrant is found not
to be eligible or not to have fully complied with these Official Rules or if
prize notification is returned as undeliverable, prize will be forfeited and
the potential winner disqualified. In relation to the awarding of Sweepstakes
Prizes, if the potential winner is disqualified, an alternate winner will be
selected from among the remaining eligible entries received.
D. Limitations
on Liability/Related Issues. Sponsor's computer is the official clock for
the Promotions and shall be controlling in all respects. Sponsor's records as
to "buying"/"selling" of interests in candidates and
calculation of registrant's total GEM Dollar values shall be controlling in all
respects. The official source for the outcomes of Election Events is determined
by a "Committee of Experts" appointed by Global Election Markets LLC
which may also include employees and directors of Global Election Markets LLC
and their affiliates. The Committee of Experts will use publicly available
information from sources determined by the Committee of Experts to be credible
to determine the winning candidate. All decisions by the Committee of Experts
will be final and controlling in all respects. The use by any participant of
automated, programmed or robotic means of participating in the Promotions, to
affect the "buying"/"selling" of interests in candidates or
otherwise to manipulate the market prices of candidates is strictly prohibited
and all "buys"/"sells" associated with any suspected acts
of market manipulation (as determined by Sponsor in its sole discretion) will
be voided; such conduct will also be deemed by Sponsor to constitute tampering
with the Promotions (as discussed in Section 5-F below). No responsibility is
assumed by Sponsor or its agencies for lost, late, incomplete, damaged,
misdirected or illegible registrations, "buys", "sales" or
other Promotion participation; or for any computer, telephone, cable,
satellite, network, electronic or Internet hardware or software malfunctions,
failures, connections, availability or garbled or jumbled transmissions,
service provider/Internet/web site/use net accessibility or availability,
traffic congestion or unauthorized human intervention. Sponsor and its agencies
are not responsible for any incorrect, incomplete or inaccurate information,
whether caused by website users or by any of the equipment or programming
associated with or utilized in the Promotions and assume no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to the website. Sponsor and its agencies are not responsible for injury
or damage to participants' or any other person's computer related to or
resulting from participating in these Promotions or downloading/uploading
materials from/to the website. Sponsor and its agencies are not responsible for
typographical, printing, or other inadvertent errors in these Official Rules or
in other materials related to the Promotions.
E. Corruption/Disruption
of Promotions. If, for any reason, the Promotions (or any part thereof) is
not capable of running as planned by reason of infection by computer virus,
worms, bugs, tampering, unauthorized intervention, fraud, technical failures,
cancellation/postponement or other interruption of one or more election events
or any other causes beyond the control of Sponsor which, in the sole opinion of
Sponsor, could corrupt or affect the administration, security, fairness,
integrity or proper conduct of the Promotions (or any part thereof), Sponsor
reserves the right at its sole discretion to cancel, terminate, modify or
suspend the Promotions and select the winners in a manner which is fair,
equitable and in accordance with the spirit of these Official Rules, as
determined by Sponsor in its sole discretion. Notice of such action by Sponsor
will be posted on the website.
F. Tampering
Prohibited. Sponsor reserves the right, at its sole discretion, to disqualify
any individual it finds, in its sole discretion, to be tampering with the entry
process or the operation of the Promotions or the website. CAUTION: ANY ATTEMPT
TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION
OF THE PROMOTIONS VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE,
SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO
THE FULLEST EXTENT OF THE LAW.
G. About
GEM Dollars ("G$"). The sale (via auction or otherwise), trading,
transfer, assignment, combining or barter of GEM Dollars ("G$") is
prohibited. GEM Dollars ("G$") may only be used by the person to whom
they were allocated by Sponsor. GEM Dollars ("G$") are good only for
the Account to which they were allocated; GEM Dollars ("G$") cannot
be pooled, shared or transferred between Accounts. GEM Dollars ("G$")
have no cash value and may not be purchased or redeemed for cash or credit. GEM
Dollars ("G$") may only be used in a manner which is fully consistent
with and as expressly stated in these Official Rules. Registrants must log-in
to their Accounts, "buy" or "sell" interests in candidates,
use GEM Dollars ("G$") and/or otherwise participate in the Promotions
only in a manner which is fully consistent with and as expressly stated in
these Official Rules. Any other use (or attempted use) of GEM Dollars ("G$"),
"buying"/"selling" interests in candidates and/or other
participation in the Promotions constitutes fraud and is subject to prosecution
by Sponsor. In addition, such conduct will result in disqualification.
H. Market
Prices/Promotion Data. The market "buy" and "sell"
prices of interests in candidates and other Promotion-related data is
proprietary to Sponsor and, to the fullest extent of the law, is the
copyrighted work of Sponsor. As such, the market prices and other
Promotion-related data may only be used by a registrant for his/her personal
use in conjunction with his/her participation in the Promotions. No other use
of market prices and other Promotion-related data is permitted without the
express written consent of Sponsor.
I. Releases.
Registrant releases and agrees to indemnify and hold harmless Global Election
Markets,LLC and their, affiliates, subsidiaries, agencies (including
promotion, marketing, advertising and production agencies) and the directors,
officers, agents, shareholders, representatives and employees of any of the
above entities, from any and all liability associated with registrant's
participation in the Promotions and receipt, acceptance, possession or
use/misuse of any prize.
By
accepting a prize, where permitted by law, winner grants Sponsor (and its
designees) the right to print, publish, broadcast and use, worldwide in any
media now known or hereafter developed, including but not limited to the world
wide web, at any time or times, his/her name, portrait, picture, voice,
likeness, biographical information or other indicia of persona as news or
information and for advertising, trade and Promotional purposes without
additional compensation, and without review, approval or further notice.
9.
DISPUTE RESOLUTION/CHOICE OF LAW/WAIVER OF JURY TRIAL. Except where prohibited,
by participating in the Promotions, you agree that (a) any action at law or in
equity arising out of or relating to these Official Rules, the Promotions, or
the rights and obligations of Global Election Markets LLC shall be filed
exclusively in the federal or state courts of the State of Texas and you hereby
consent and submit to the personal and exclusive jurisdiction of such courts
for the purposes of litigating any such action, AND ANY RIGHT TO A TRIAL BY
JURY AND A TRIAL BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims and
causes of action arising out of or connected with these Official Rules and/or
the rights and obligations of Global Election Markets LLC shall be resolved
individually, without resort to any form of class action, and (c) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with participating in these Promotions but
in no event attorneys' fees; and (d) under no circumstances will any registrant
be permitted to obtain awards for and hereby waives any and all rights to claim
punitive, exemplary, special, incidental, indirect and consequential damages
and any other damages (whether due to negligence or otherwise), other than for
actual out-of-pocket costs, and any and all rights to have damages multiplied
or otherwise increased. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or the rights
and obligations of any registrant and/or Global Election Markets, LLC shall be
governed by and construed in accordance with the laws of the State of Texas
without giving effect or regard to any principles or doctrines of conflict of
laws/choice of laws of the State of Texas or of any other jurisdiction.
10.
WINNER"S LIST.
For the names of winners, send a self-addressed stamped envelope to "World
Elections 2008" Contest and Sweepstakes, PO Box 10505, Rochester, NY
14610, to be received by 1/1/2009
11.
SPONSORED BY:
Global Election Markets, LLC Two Riverway, Suite 725, Houston, TX 77056.