JM BULLION GUESS THE GOLD, SILVER OR GOLD AND SILVER SPOT PRICE CONTESTS
OFFICIAL RULES AND DISCLAIMERS
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE PRIZE IN THE JM BULLION GUESS THE GOLD, SILVER OR GOLD AND SILVER SPOT PRICE CONTESTS (EACH A “CONTEST”, AND COLLECTIVELY, THE “CONTESTS”). A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. The Contests are subject to all applicable federal, state, and local laws, and they are Void Where Prohibited. Each of the Eligible Contestants (defined below) who wins a Contest prize will be responsible for all taxes related to the award thereof. Each Contest begins at 12:01 AM Central Time (CT) on the Monday immediately following the Sponsor’s announcement of such Contest (each a “Contest Commencement Date”) and ends at 11:59 PM CT on the Thursday immediately following such Contest Commencement Period (each a “Contest Period”, for the sake of clarity each Contest Period is comprised of four (4) consecutive weekdays). There will be only one (1) winner for each Silver Contest (as herein defined) and Gold Contest (as herein defined) and two (2) winners for each Silver and Gold Contest (as herein defined, and each such winner being, a “Contest Winner”), and each respective Contest Winner will receive the Contest prize awarded in a Contest, which is described below. The Contests are sponsored by JM Bullion, Inc. (the “Sponsor”), whose principal business address is 11700 Preston Road, Suite 660153, Dallas, Texas 75230.
ELIGIBILITY: The Contests are open to any natural person who is a legal resident of the United States of America, including the District of Columbia, and who has reached their eighteenth (18th) birthday prior to the end of a Contest’s Contest Period (“Eligible Contestants”). Notwithstanding the foregoing, employees of the Sponsor, its advertising and promotion agencies and affiliated entities (such entities collectively being, “Contest Entities”), and such employees’ immediate families (parent, child, sibling and spouse of any of the foregoing) and persons living in the households of any of the foregoing, whether related by blood or law are not eligible to enter the Contests and thus are not Eligible Contestants. By entering, each Eligible Contestant agrees to be bound by these official rules, and the decisions of the Sponsor regarding the Contests are final and binding in all respects.
TO ENTER: Each Contest will be posted (“Sponsor’s Contest Post”) on, and conducted exclusively through, the Sponsor’s Facebook page at https://www.facebook.com/JMBullion (“Sponsor’s Facebook Page”). Sponsor’s Contest Post will identify whether a Contest involves the estimate of silver’s (a “Silver Contest”), gold’s (a “Gold Contest”) or both silver and gold’s (a “Silver and Gold Contest”) closing spot price per ounce as determined below. An Eligible Contestant may enter a Contest by leaving a comment to Sponsor’s Contest Post on Sponsor’s Facebook Page, which comment provides such Eligible Contestant’s estimate of: (i) silver’s closing spot price per ounce in U.S. Dollars and Cents (to two decimal places) on the Friday immediately following the end of the Contest Period for a Silver Contest (the “Closing Silver Spot Price”), as the Closing Silver Spot Price will be set forth in the following spot price source: https://www.nasdaq.com/market-activity/commodities/si:cmx/historical (the “Silver Spot Price Source”, and any Eligible Contestant’s comment containing such estimated silver price being a “Silver Contest Entry”); (ii) gold’s closing spot price per ounce in U.S. Dollars and Cents (to two decimal places) on the Friday immediately following the end of the Contest Period for a Gold Contest (the “Closing Gold Spot Price”, and together with the Closing Silver Spot Price, the “Closing Precious Metal Spot Price”), as the Closing Gold Spot Price will be set forth in the following spot price source: https://www.nasdaq.com/market-activity/commodities/gc:cmx/historical (the “Gold Spot Price Source”, and together with the Silver Spot Price Source, the “Precious Metal Spot Price Source”; and any Eligible Contestant’s comment containing such estimated gold price being a “Gold Contest Entry”); or (iii) the Closing Silver Spot Price and/or Closing Gold Spot Price, as the Closing Silver Spot Price will be set forth in the Silver Spot Price Source and as the Closing Gold Spot Price will be set forth in the Gold Spot Price Source, on the Friday immediately following the end of the Contest Period for a Silver and Gold Contest (and any Eligible Contestant’s comment in response to a Silver and Gold Contest containing a Closing Silver Spot Price and/or a Closing Gold Spot Price being a “Silver and Gold Contest Entry”, and together with a Silver Contest Entry and a Gold Contest Entry, each a “Contest Entry”). An Eligible Contestant may only submit a single Contest Entry (a Silver and Gold Contest Entry having a Closing Silver Spot Price and/or a Closing Gold Spot Price) per Contest. If multiple comments, each containing an estimation of the applicable Closing Precious Metal Spot Price, are made by an Eligible Contestant with respect to a single Contest, then only the earliest comment, made during that Contest Period, shall be a Contest Entry. Contest Entries are final when made, and may not be later edited, amended, appended or otherwise changed or varied. THE CONTESTS ARE NOT ENDORSED, PROMOTED, OR ADMINISTERED BY FACEBOOK.
DETERMINATION OF WINNER: Following the conclusion of the Contest Period for any Contest, the Sponsor will promptly determine whether any Contest Entry has correctly identified the Closing Precious Metal Spot Price(s) as set forth by the applicable Precious Metal Spot Price Source(s). With respect to a Silver and Gold Contest, a separate determination of whether any Contest Entry has correctly identified the Closing Precious Metal Spot Price(s) as set forth by the applicable Precious Metal Spot Price Source(s), will be made for each of gold and silver (i.e., there will be two (2) Contest Winners (which may be a single Eligible Contestant) for any Silver and Gold Contest). With respect to a Silver and Gold Contest the following determination process will be applied independently with respect to the Closing Silver Spot Price and Closing Gold Spot Price.
If a single Contest Entry correctly identifies the Closing Precious Metal Spot Price as set forth by the applicable Precious Metal Spot Price Source, then the Eligible Contestant who submitted that Contest Entry will be the Contest Winner for that Contest. If multiple Contest Entries correctly identify the Closing Precious Metal Spot Price as set forth by the applicable Precious Metal Spot Price Source, then the Eligible Contestant who earliest submitted the correct Contest Entry (i.e., the earliest correct comment) during the Contest Period for that Contest, will be the Contest Winner for that Contest. If no Contest Entry correctly identifies the Closing Precious Metal Spot Price as set forth by the applicable Precious Metal Spot Price Source, then the Eligible Contestant who submitted the Contest Entry with the closest estimation to the Closing Precious Metal Spot Price as set forth by the applicable Precious Metal Silver Spot Price Source, without having gone over the Closing Precious Metal Spot Price as set forth by the applicable Precious Metal Spot Price Source (the “Closest Estimation”), will be the Contest Winner. If there are multiple, identical Closest Estimations, then the Eligible Contestant who earliest submitted the Contest Entry with the Closest Estimation during the Contest Period, will be the Contest Winner. The name of the Contest Winner of each Contest (or the Contest Winners in a Silver and Gold Contest) will be posted on Sponsor’s Facebook Page on the Monday immediately following the conclusion of such Contest’s Contest Period (each, a “Contest Winner Notification Date”). Each Contest Winner will be provided, through Facebook, with further instructions on how to collect such Contest Winner’s Contest prize, which prize will only be shipped to an address within the United States. Except to the extent prohibited by law, each Contest Winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within ten (10) days following the Contest Winner Notification Date for such Contest Winner’s Contest. If the Contest Winner fails to sign and return the Affidavit/Release within the required time period, then the Contest Winner will be deemed to have forfeited the Contest prize. EACH CONTEST WINNER IS SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. By accepting a Contest prize, each Contest Winner grants the Sponsor the right, unless prohibited by law, to use his/her name, voice, image and likeness, without compensation, for the purpose of advertising and publicizing their goods and services of all kinds and all matters related to the Contest, in any manner or medium, throughout the world in perpetuity.
PRIZE: One (1) prize will be awarded in each Silver Contest or Gold Contest to a Contest Winner. With respect to a Silver Contest, the single Contest prize will be a 1-ounce Sunshine Silver Round with a retail value of approximately $30.00 (the “Silver Prize”). With respect to a Gold Contest, the single Contest prize will be a 1-gram gold bar with a retail value of approximately $100.00 (the “Gold Prize”). Two (2) prizes, the Silver Prize and the Gold Prize, will be awarded in each Silver and Gold Contest to the Contest Winners (which may be a single Eligible Contestant)
PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes are the sole responsibility of each Contest Winner. The Contest prize cannot be substituted, assigned, transferred, or redeemed for cash. The Sponsor will not replace the Contest prize if it is lost or stolen once delivered to a Contest Winner.
GENERAL CONDITIONS: The Sponsor’s failure to enforce any term of these rules and disclaimers (these “Official Rules”) shall not constitute a waiver of that provision. Neither the Sponsor nor anyone acting on its behalf will enter into any communications with any Eligible Contestant regarding this Contest, except as expressly set forth in these Official Rules. The Sponsor reserves the right at its sole and absolute discretion to disqualify any Eligible Contestant it finds to be attempting to tamper with or undermine the entry process, the JM Bullion website, and/or the legitimate operation of the Contests; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person with respect to the Contests. The Sponsor may, in its sole and absolute discretion, void any suspect entries and (a) cancel or terminate any Contest or the Contests (or any portion thereof); or (b) modify a Contest or the Contests or suspend the Contest or the Contests to address the impairment and then resume a Contest or the Contests in a manner that best conforms to the spirit of these Official Rules. In addition, the Sponsor in its sole and absolute discretion may terminate any Contest before the end of the Contest Period. The Privacy Policy of the Sponsor shall apply to all aspects of the Contests. The Privacy Policy can be found online at https://www.jmbullion.com/privacy-policy/. The Terms and Conditions of the Sponsor shall also apply to all aspects of the Contests. By submitting a Contest Entry, an Eligible Contestant understands, acknowledges and agrees that he/she/they have read the Sponsor’s Terms and Conditions, found online at: https://www.jmbullion.com/terms-and-conditions/.
INTERNET CONDITIONS: The Sponsor shall not be responsible for any Contest Entries that are not properly entered due to data corruption or otherwise not received correctly (including, but not limited to, any errors on the part of Facebook in displaying or ordering any Contest Entries), or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of e-mail, or on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to any Eligible Contestant’s computer related to or resulting from participating in any of the Contests. The Sponsor shall not be responsible for any lost, misdirected or late Contest Entries into any of the Contests. The Sponsor reserves the right to cancel, terminate, modify or suspend the Contests, and/or any single Contest, in the event that the Contests and/or a Contest is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security fairness, integrity or proper conduct of the Contests or any singular Contest.
RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN ANY OF THE CONTESTS, ELIGIBLE CONTESTANTS AGREE THAT JM BULLION, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEB SITE PROVIDERS, WEB MASTERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES”), WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ELIGIBLE CONTESTANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A CONTEST PRIZE, ENTRY, OR PARTICIPATION IN ANY OF THE CONTESTS OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF A CONTEST PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, BANKRUPTCY OR TERRORISM. BY PARTICIPATING IN THE CONTESTS, ELIGIBLE CONTESTANTS AGREE THAT THE RELEASED ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF SPONSOR’S FACEBOOK PAGE. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN ANY OF THE CONTESTS CONSTITUTES A CONTEST WINNER’S BESTOWAL OF THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED AT ANY TIME OR TIMES, THE CONTEST WINNER’S NAME (INCLUDING FACEBOOK PROFILE NAME), PORTRAIT, PICTURE, VOICE, LIKENESS, FACEBOOK COMMENTS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME IN BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE CONTESTS IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DISPUTES: Except where prohibited, all entrants agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Contests or the Contests’ prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate local court located in Dallas, Texas; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest, but in no event attorneys’ fees; (c) under no circumstances will Eligible Contestants be permitted to obtain awards for, and Eligible Contestants hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Contests, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of laws rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.