To enter and participate in this Sweepstakes, you must agree to and abide by these Official Rules and any and all decisions of the Sponsor or Administrator in connection with this Sweepstakes.
NO PURCHASE OR INVESTMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE INTERNET ACCESS AND AN ACTIVE E-MAIL ACCOUNT TO PARTICIPATE.
1. Eligibility: The Yieldstreet Art Equity Fund Giveaway (the “Sweepstakes”) is open only to legal residents of the 50 United States and Washington D.C., who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and who have an active e-mail account and Internet access as of 11/14/21. Employees, officers and directors of Yieldstreet, Inc. (“Yieldstreet” or “Sponsor”), Probability, LLC (the “Administrator”), any entities involved in any way with the investment opportunities offered by Sponsor OTHER THAN solely and exclusively as a private investor (including, by way of example only, entities which identify, plan and oversee the underlying arrangements of any such investment opportunity whether [or not] functioning as the sponsor of same), any organizations involved in supplying the prize (including the management and representation of Mr. Mike Perry) and each of their respective parents, subsidiaries, related and affiliated companies, Mr. Mike Perry personally, and the immediate family and household members of all such foregoing individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. The potential winner will be required to provide proof of eligibility prior to prize award.
2. Sweepstakes Entry: The Sweepstakes begins on or about 9:00:00 a.m. ET on November 15, 2021 and ends at 11:59:59 p.m. ET on December 10, 2021 (“Promotion Period”). Sponsor’s computer is the official clock for the Sweepstakes.
To enter, click on one of the Sponsor’s Sweepstakes social media posts and/or navigate on the Internet to www.Yieldstreet.com/ (the “Website”) and make at least one investment of at least $500 into your Yieldstreet account. For avoidance of doubt the amount of your investment (of $500 or more) and the number of investments made will not effect your entry into the Sweepstakes or your odds of winning the prize in the Sweepstakes.
CLICK THE CHECK BOX SIGNIFYING THAT YOU ARE AT LEAST 18 (OR AGE OF MAJORITY, WHICHEVER IS OLDER) AND HAVE READ AND AGREE TO THESE OFFICIAL RULES. IF YOU DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THE OFFICIAL RULES, YOU WILL NOT BE ENTERED IN THE SWEEPSTAKES AND CANNOT WIN THE PRIZE.
Mail-in Entry Without Making an Investment: To enter without making an investment, on a 3”x5” card handprint your name, mailing address (with zip code), email address (required), phone number associated with your Yieldstreet account, and the last five (5) digits of your Yieldstreet account and mail in a business size (#10) envelope to: Yieldstreet Art Sweepstakes Entry, P.O. Box 1559, Social Circle, GA 30025-9999. Entries must be postmarked by 12/10/2021 and received by 12/17/2021 to be eligible for the Prize drawing. No copies or mechanical reproductions of mail-in entries will be accepted. Mail-in entries become Sponsor’s property and will not be returned. Sponsor and Administrator are not responsible for postage due mail.
Limit of one (1) entry per person for the entire Promotion Period, regardless of method of entry.
If entrant chooses to enter (via investment in Yieldstreet account) by using a mobile device, standard data rates may apply. Check your carrier for applicable charges.
If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prize by means of a random drawing comprised of all eligible entries received via investment in Yieldstreet account prior to and/or after (as Sponsor deems appropriate in its discretion) the action taken by Sponsor and all eligible mail-in entries received or otherwise award the prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Website. Without limitation of any other term here, Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, technical failures of any kind (including but not limited to electronic malfunction or damage of any network, hardware or software), any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from participation in this Sweepstakes. The preceding specifically includes but is not limited to an eligible individual’s investment to his/her Yieldstreet account not being properly recorded and resulting in a failed Sweepstakes entry due to any defect in the operation of Sponsor’s investment platform whether or not such defect was reasonably foreseeable.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE, TO SEEK TO DEFRAUD SPONSOR OR ADMINISTRATOR IN CONJUNCTION WITH THE SWEEPSTAKES, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT (IF APPLICABLE), TERMINATE THE YIELDSTREET ACCOUNT OF ANY INDIVIDUAL MAKING SUCH ATTEMPT (IF APPLICABLE) AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
3. Random Drawing/Odds: Potential Prize winner will be selected via random drawing, on or about 1/4/22 from among all eligible entries received during the Promotion Period. The random drawing will be conducted by Administrator, an independent judging organization, whose decisions are final and binding in all respects related to the Sweepstakes.
Odds of winning Prize depends on total number of eligible entries received during the Promotion Period.
4. Winner Notification: Potential Prize winner will be notified by e-mail on or about 1/4/22. Failure to respond to the initial notification e-mail within three (3) business days after transmission to the potential winner or return of the e-mail notification as undeliverable after two (2) attempts will result in disqualification and award of the prize to an alternate winner. Potential winner will be required to complete, sign and return within three (3) business days of transmission, an Affidavit of Eligibility, Release and Indemnification, W9, and a Publicity Release where allowed by law and any other documentation required by Sponsor or Administrator (collectively, the “Prize Claim Documents”). If potential winner does not respond to the initial notification attempt within three (3) business days after transmission as set forth above, if Prize Claim Documents are not returned to Administrator within the specified time period, if prize notification or prize is returned as non-deliverable, if potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or if potential winner does not accept the prize for any reason, prize will be forfeited and potential winner may be disqualified. If a potential winner is disqualified for any reason, prize will be awarded to an alternate winner selected from all remaining eligible entries received during the Promotion Period. In the event of any dispute concerning the identity of any person who entered via investment to Yieldstreet account, the entry will be deemed submitted by the natural person who is the authorized holder of the e-mail account associated with the Yieldstreet account used to make such investment. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online 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.
Prize (1 winner): Prize winner will receive one (1) original painting by Mike Perry. ARV of Prize: $5,000.00.
Mr. Perry retains the copyright in the painting awarded as the prize, which is separate and apart from winner’s ownership of the physical painting itself. Accordingly, the reproduction of the painting, creation of a derivative work based on the painting, and the public display of the painting without the express written authorization of Mr. Perry constitutes an actionable violation of Mr. Perry’s copyright in the painting.
Mr. Perry further retains moral rights in the painting as the artist who created the painting, which is also separate and apart from winner’s ownership of the physical painting itself. Such moral rights include the right of artistic integrity in the painting, which prohibits the distortion, mutilation or modification of the painting such that it damages Mr. Perry’s reputation. Accordingly, in accepting the prize, the winner agrees to properly care for the painting.
SPONSOR MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND REGARDING THE PRIZE OTHER THAN THAT (A) SPONSOR HAS FULL LEGAL AUTHORITY TO TRANSFER OWNERSHIP OF THE PHYSICAL PAINTING TO WINNER, WITHOUT ANY CLAIMS, LIENS, SECURITY INTERESTS OR OTHER ENCUMBRANCES AND (B) THE PHYSICAL PAINTING IS THE AUTHENTIC WORK OF MR. MIKE PERRY. WINNER UNDERSTANDS AND AGREES THAT THE PAINTING MAY DIFFER FROM HIS/HER EXPECTATIONS AS TO SAME AS A MATTER OF TASTE AND AESTHETICS, WITH SPONSOR DISCLAIMING ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH UNDER ANY LEGAL THEORY.
Any costs and incidentals not specified herein are the winner’s sole responsibility; for example, such expenses include installation and/or framing costs for painting as well as any insurance on the painting protecting the winner from damage, theft or loss. ARV of Prize is based in part on approximate retail value of original painting. Resale value of original painting may differ from ARV and no representation is made as to resale value; appraisal value of original painting (for insurance purposes or otherwise) may also differ from ARV and no representation is made as to appraisal value. Prize comes with a certificate of authenticity signed by the artist. Prize winner should allow up to 4-6 weeks after verification for prize award. No substitution or transfer of prize except with Sponsor’s permission or where required by law. Sponsor in its sole discretion may award a substitute prize of equal or greater value if advertised prize is unavailable at time of awarding for any reason. Any images of prize in advertising are for illustrative purposes only and the actual painting awarded as the prize may differ from such images; and, Sponsor and Administrator (as well as Mr. Perry) expressly disclaim any and all liability in conjunction therewith. Prize will only be delivered to a street address within the United States. Prize will be shipped via private delivery service of Sponsor’s sole choosing (with Sponsor also selecting the speed of delivery) and winner’s signature will be required for prize acceptance. All applicable federal, state and/or local taxes are the sole responsibility of the Prize Winner, who will receive an IRS Form 1099 reflecting the value of the prize.
6. Conditions and Limitations of Liability: By participating, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Administrator, which shall be final and binding in all respects; and (b) to release, discharge and hold harmless Yieldstreet, Inc., Probability LLC, Mr. Mike Perry (i.e., the management and representation of Mr. Perry as well as Mr. Perry personally), Facebook, Inc., Twitter, Inc., LinkedIn Corporation, each of their respective advertising and promotion agencies, each of the foregoing entities’ respective parents, subsidiaries, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injuries, losses or damages, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Sweepstakes or any Sweepstakes-related activity, and/or from entrant’s acceptance, possession, receipt, use or misuse of the prize.
By accepting the prize, winner grants Sponsor and its designees irrevocable permission to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winner’s list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation or notification, unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and if acknowledged such acknowledgement is not otherwise binding.
7. Disputes: Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the awarding of the prize/determination of the prize winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law remain available to entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant and Sponsor. Should an entrant initiate arbitration pursuant to this section, the entrant shall be responsible for JAMS’s fees to do so (approximately, $250). If entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
8. Sponsor: Yieldstreet, Inc., 300 Park Avenue, 15th Floor, New York, NY 10022.
9. Administrator: Probability, LLC, 2 Woodstock Meadow Ln, PO Box 1484, Woodstock, NY 12498.
10. Winner’s List: For the name of the Prize winner, send an email to [email protected] with “The Yieldstreet Art Equity Fund Giveaway Winner” in the subject line, for receipt no later than 1/14/2022 at 5:00 pm ET.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, LinkedIn or Instagram. You understand that you are providing your information to Sponsor/Administrator and not to Facebook, Twitter, LinkedIn or Instagram.
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