Welcome to the Ultimate ETF Trading Competition!
Before participating in our competition, please carefully read and agree to the following terms and conditions (the “Agreement”). By joining, you acknowledge that you (hereinafter, “you” or “Participant”) understand and accept all the terms outlined below. This is a legally binding contract between you and Elite Trader Funding, LLC (hereinafter, “ETF”), a Delaware limited liability company.
1. Participation Requirements/Eligibility
• Entry Fee: You agree to redeem 4,950 reward points to participate in the Competition (hereinafter, the “Competition”). These points, as well as any Fees paid in relation to Participant’s participation in the Competition is non-refundable. Each Competition is a separtate Competition and each entry requires the payment of the Fee required for entry.
• Resets: You may obtain unlimited resets by redeeming 1,250 reward points during the first 7 days of the Competition. After this period, no resets will be available.
• Grace Period: You may join the Competition up to seven (7) days after the date the Competition has begun. After this period, no new Participants or entries will be accepted.
• No Refunds: All fees, including entry fees and reset fees (hereinafter, the “Fee” or “Fees”), are non-refundable under any circumstances. Should the Participant file a credit card dispute relating to any Competition Fee, the Participant shall forfeit the Competition, any potential earnings and/or prizes from said Competition, and shall be banned from all future purchases from ETF, use of their Services, or participation in any future Competition.
• Eligibility: The Competition is open to legal residents of all 50 United States and Washington DC who are the greater of: (a) 18 years of age or (b) the age of majority in the jurisdiction in which the Participant resides. Participant must not be under sanctions administered or imposed by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the European Union, HM Treasury, the U.N. Security Counsel, or any other governmental organization or entity which has jurisdiction over the Participant. Employees, contractors, directors, agents, representatives, and officers of ETF are prohibited from participating in the Competition, as are their parents, affiliates, subsidiaries, service providers, distributors, advertisers, retailers, distributors, members of their immediate family or those living in the same household.
One entry per Participant: Participants are allowed one (1) entry per Competition. Any Participant that does not comply with this limitation shall be disqualified from the Compeititon.
2. Conduct and Prohibited Actions
• Fair Play: You agree to engage in fair and honest trading practices. Any form of cheating, manipulation, or unethical behavior will result in immediate disqualification and forfeiture of any prizes or rewards.
• Compliance: You must comply with all applicable laws, regulations, and our platform's Terms of Service and Privacy Policy, found here and here. Failure to do so will result in disqualification. Should the terms in this Agreement and ETF’s Terms of Service conflict, ETF’s Terms of Service shall control.
• Prohibited Actions: Engaging in unauthorized trading strategies, sharing accounts, using automated trading software not explicitly permitted by the competition rules, utilization any IP masking technology, or any other activity/strategy that is disallowed in ETF’s Terms of Service are strictly prohibited and will result in disqualification from the Competition and fortfeiture of any awards. ETF reserves the right, in their sole discretion, to disqualify any Participant, if in ETF’s opinion, the reciept of a prize would violate local law, this Agreement, ETF’s Terms of Service, or cause material damage or reputational harm to ETF and/or any other party.
3. Technical Issues and Liability
• No Liability for Technical Issues: We are not liable for any technical issues, including but not limited to platform downtime, Internet connectivity problems, or any other disruptions that may affect your trading performance during the Competition.
• Support: If you encounter any technical issues or have questions or concerns, you must reach out to our Support team immediately. We will do our best to assist you, but we cannot guarantee that all issues will be resolved.
4. Live Elite KYC Onboarding
• KYC Onboarding: If you are one of the top place finishers, to receive your Live ELITE account and trade real capital, you are required by law to complete a Know Your Customer (KYC) onboarding process. This includes verifying your identity and providing any necessary documentation for verification. By entering the Competition, you hereby agree to complete the KYC onboarding process if you are offered a Live ELITE account.
• Compliance with KYC: Failure to complete the KYC onboarding process within the specified time frame will result in disqualification of live funding as well as forfeiture of any potential Competition rewards and/or prizes.
5. Prizes and Withdrawals
• Prize Distribution: Prizes will be awarded based on your performance as outlined in these Competition rules and the Competition parameters you have chosen to enter (see a listing of the different Competition parameters here). ETF reserves the right to change the Competition rules at any time, at its sole discretion, with or without notice. Any changes to the Competition rules will be posted on ETF’s website at the link above. The distribution of prizes is final and non-negotiable.
• Live Elite Withdrawal Policy: Friday withdrawals are subject to a 90/10 split, with 90% going to you and 10% to us. Invested cash cannot be withdrawn.
• Live Elite Competitors: Participants in the Competition that are already Live Elite Traders will have any earned balances added to their Account balances, subject to the terms of this Agreement, ETF’s Terms of Service, and allocations of such earnings subject to the sole discretion of ETF.
• Prohibited Participants: Traders who have been banned or otherwise restricted from using ETF’s Services (as that term is used in ETF’s Terms of Service) are prohibited from participation in the Competition. Such Participants will be removed from the Competition and any Fees paid by the Participant shall be forfeited.
6. Agreement to Terms of Service
• Acceptance: By participating in this Competition, you agree to be bound by this Agreement, our platform’s Terms of Service, Privacy Policy, and Account Agreement (if applicable). These terms govern your conduct, the use of our platform, and participation in the Competition.
• Amendments: We reserve the right to modify this Agreement, the Competition rules, and our Terms of Service and/or Privacy Policy at any time. Any changes will be communicated to you, and continued participation in the Competition constitutes acceptance of the updated terms.
7. Limitations of Liability and Release
• ETF’s Limitation of Liability: PARTICIPANTS AGREE TO RELEASE ETF AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE INCURRED WITH RESPECT TO ANY ASPECT OF PARTICIPANT’S PARTICIPATION IN THE COMPEITION. IN NO EVENT SHALL ETF BE LIABLE TO ANY PARTICIPANT FOR SPECIAL, CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS PROFITS, DATA LOSS, LOSS OF BUSINESS OR OTHER FINANCIAL OR COMMERCIAL LOSS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE COMPETITION OR THIS AGREEMENT. IN ANY EVENT, ETF’S AGGREGATED DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY PARTICIPANT TO ETF IN CONNECTION WITH ANY SINGLE COMPETITION.
• Release: Except where prohibited by law, Participants grant ETF, and those acting under ETF’s authority, to use Participant’s name, photograph, voice and/or likeness for advertising, publicity, or other promotional purposes in any media in use or invented in the future without territorial or temporal limitations, without further compensation of the Participant.
8. Dispute Resolution and Governing Law
• Resolution Process: ANY DISPUTES ARISING FROM THIS COMPETITION WILL BE RESOLVED IN ACCORDANCE WITH OUR DISPUTE RESOLUTION POLICY AS OUTLINED IN THE TERMS OF SERVICE WHICH INCLUDES A BINDING ARBITRATION AGREEMENT, WHICH MAY BE ACCESSED HERE. YOU AGREE TO FIRST ATTEMPT TO RESOLVE ANY ISSUES DIRECTLY WITH OUR SUPPORT TEAM BEFORE PURSUING OTHER MEANS OF RESOLUTION. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ETF ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
• Choice of Law and Venue: THIS AGREEMENT IS GOVERNED BY AND WILL BE CONSTRUED UNDER THE LAWS OF THE STATE OF DELAWARE, UNITED STATES, WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS THEREOF. ANY DISPUTE ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT OR THE COMPETITION SHALL BE FINALLY SETTLED IN KING COUNTY, WASHINGTON, IN ENGLISH, IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS") THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES.