• THIS IS A SKILL-BASED REFERRAL CONTEST. WINNERS ARE DETERMINED BY THE NUMBER OF SUCCESSFUL REFERRALS INITIATED DURING THE CONTEST PERIOD (AS DEFINED BELOW), NOT BY CHANCE AND NOT BY ANY RANDOM DRAWING.
• NO PAYMENT IS REQUIRED FROM YOU TO PARTICIPATE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
• PLEASE READ THESE OFFICIAL RULES CAREFULLY—THEY MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE LIMITATIONS OF LIABILITY AND WAIVERS OF CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION OR PROCEEDING. FOR MORE INFORMATION, PLEASE READ SECTIONS 10-15, BELOW.
BY PARTICIPATING IN THE DOLLARWISE REFERRAL GAMES (THE “CONTEST”), YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A BINDING AGREEMENT BETWEEN YOU AND HAMMER MEDIA LLC (“SPONSOR”), SO READ THEM CAREFULLY. YOU AGREE TO WAIVE ANY RIGHT TO CLAIM AMBIGUITY OR ERROR IN THESE OFFICIAL RULES OR THE CONTEST, AND TO BE BOUND BY ALL DECISIONS OF SPONSOR, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATING TO THE CONTEST.
THESE OFFICIAL RULES AND THE CONTEST ARE SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION THOSE GOVERNING CONTESTS AND PROMOTIONS, ADVERTISING AND ENDORSEMENTS, CONSUMER PROTECTION AND UNFAIR OR DECEPTIVE PRACTICES, ELECTRONIC AND TEXT-MESSAGE MARKETING, PRIVACY AND DATA PROTECTION, AND, TO THE EXTENT APPLICABLE, FINANCIAL PRODUCTS AND SERVICES AND PREPAID CARDS. NOTHING IN THESE OFFICIAL RULES LIMITS OR WAIVES, OR IS INTENDED TO LIMIT OR WAIVE, ANY RIGHT OR REMEDY YOU HAVE UNDER APPLICABLE LAW THAT CANNOT BE LIMITED OR WAIVED BY AGREEMENT. WHERE ANY PROVISION OF THESE OFFICIAL RULES WOULD CONFLICT WITH SUCH A NON-WAIVABLE RIGHT OR WITH APPLICABLE LAW, THAT PROVISION APPLIES ONLY TO THE MINIMUM EXTENT PERMITTED, AND THE REMAINDER OF THESE OFFICIAL RULES REMAINS IN FULL FORCE AND EFFECT.
SCOPE AND TERM
These Official Rules govern the Contest only. They are separate from, and in addition to, Dollarwise’s ongoing Referral Program, which continues as a standing feature and is governed by Dollarwise’s Terms of Use and Referral Program terms. These Official Rules apply only during the Contest Period and may be removed or allowed to expire once the Contest ends, without affecting the ongoing Referral Program. For the purpose of this Contest, there is no limit on the number of qualifying Successful Referrals (as defined below) for ranking purposes; however, this is separate from the earnings cap that applies to the ongoing Referral Program. For complete details about the ongoing Referral Program, visit dollarwise.com/referrals.
1. ELIGIBILITY
The Contest is open only to individuals who are legal residents of the fifty (50) United States and the District of Columbia (excluding Colorado and Maryland) who, at the time of participation, are at least eighteen (18) years of age or the age of majority in their state of residence, whichever is older, who hold a valid Dollarwise account, and who are not Influencers (as defined below). The Contest is void in Colorado and Maryland and void where prohibited or restricted by law. For the purpose of this Contest, an “Influencer” is an individual who (i) has 100,000 of followers on one or more social media accounts combined and/or (ii) is a content creator who maintains an active social media presence focused primarily on personal finance, investing, budgeting, financial planning, tax, or other financial management topics and who has an audience of approximately 10,000 to 100,000 followers or subscribers on a social media platform, together with a demonstrated level of engagement and influence within that audience. Employees, officers, and directors of Sponsor and its parent companies, subsidiaries, affiliates, advertising, fulfillment, and marketing agencies, prize and prize suppliers, the prepaid-card provider, and any other vendors or service providers involved in the Contest (collectively, the “Contest Parties”), as well as the immediate family members (spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children, grandchildren, and their respective spouses) and household members of any of the foregoing, whether or not related, are not eligible to participate or win. By participating, you unconditionally accept and agree to abide by these Official Rules and the decisions of Sponsor regarding their interpretation, the administration of the Contest, and the determination of winners, which are final and binding except as otherwise required by applicable law.
2. CONTEST PERIOD
The Contest begins at 10:00 AM Central Time on September 18, 2026 and ends at 11:59 PM Central Time on October 9, 2026 (the “Contest Period”). Sponsor’s designated computer clock and referral-tracking system are the official timekeeping and scoring devices for the Contest.
3. HOW TO PARTICIPATE
To participate, during the Contest Period:
a. OPT IN by checking the box in the Dollarwise app or on the Dollarwise website. By checking the opt-in box, you affirmatively agree to these Official Rules, and Sponsor records your agreement. Opting in generates your unique referral link (“Unique Link”).
Participants are not permitted to establish multiple accounts or identities to gain multiple Unique Links. One account per person. Self-referrals, referrals to accounts a participant owns or controls, duplicate or fake accounts, bots, and any automated or fraudulent referral activity are void and may result in disqualification.
b. REFER. Share your Unique Link with the required disclosure.
PLEASE NOTE THAT WHEN SHARING YOUR UNIQUE LINK, YOU MUST INCLUDE A STATEMENT THAT YOU ARE ELIGIBLE TO RECEIVE A PRIZE FROM SPONSOR (e.g., something like “I’m sharing this Dollarwise link with you as part of a contest entry. Check it out!”).
YOU SHOULD ONLY INVITE YOUR PERSONAL CONTACTS WHO YOU THINK WOULD WANT TO RECEIVE A REFERRAL – NO SPAMMING! IN ADDITION, YOU SHOULD ONLY INCLUDE TRUE AND ACCURATE INFORMATION ABOUT SPONSOR AND DOLLARWISE PRODUCTS AND SERVICES IN YOUR COMMUNICATIONS.
Participants are prohibited from obtaining referrals through coercion or by any fraudulent, unfair, or inappropriate means, including, without limitation, paying for referrals or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such referrals will be void and such participants may be disqualified, at Sponsor’s discretion.
c. SUCCESSFUL REFERRAL DEFINED. A “Successful Referral” means a new user who is not an existing or prior Dollarwise account holder, who signs up through your Unique Link during the Contest Period, converts from a trial to a paid Dollarwise subscription that the user does not cancel, and that is not refunded or reversed, within thirty (30) days. Sponsor applies an additional fifteen (15) day internal reconciliation period before results are final. Where the referred user consents, that user’s name may appear on the referring participant’s tracking page.
4. HOW WINNERS ARE DETERMINED
Potential winners are determined solely by the number of Successful Referrals initiated during the Contest Period, as determined by Sponsor, in its sole discretion. There is no random drawing and no element of chance. Rankings are based on Successful Referrals initiated during the Contest Period. In the event of a tie, the participant from among those tied who reached the tying number of Successful Referrals first, by Sponsor’s system timestamp, will rank higher.
5. WINNER VERIFICATION AND CLAIMING
Sponsor will verify and certify the final results within forty-five (45) days after the last referral initiated during of the Contest Period. Sponsor will notify each potential winner by email within ten (10) business days after certification, using the contact information associated with the potential winner’s Dollarwise account, and Sponsor will make at least two (2) attempts to reach each potential winner. Notification is deemed to occur when Sponsor sends the first such notice. As a condition of receiving any prize, a potential winner may be required to complete and return a declaration of eligibility, a liability release, and (where lawful) a publicity release (the “Declaration”), along with any tax documentation required by applicable law, within seven (7) days of the date of notification. If a potential winner cannot be contacted, fails to return the Declaration or any other required documents within the required period, is found ineligible, declines the prize, or otherwise fails to comply with these Official Rules, that person will be disqualified and the prize may pass to the next-ranked eligible participant; up to three (3) alternates may be notified, after which the prize may remain unawarded. A potential winner becomes a winner only after Sponsor verifies eligibility and referral count. Sponsor may require a potential winner to provide a valid government-issued photo identification before being declared a winner.
7. PRIZES AND RESTRICTIONS
Top Referrer Prize: Prize includes $10,000, a trip to Austin, Texas for winner only to receive a $500 check which winner can apply to one or more debit accounts (“Trip”), plus a swag bag (“Swag Bag”). Approximate retail value (“ARV”) of Top Referrer Prize: $12,500.
Top Five Referrer Prize: Prize includes the Trip, plus a Swag Bag. ARV: $2,600.
10+ Referrals Referrer Prize: Swag Bag. ARV: $99.
The $10,000.00 prize component will be delivered by ACH transfer through Sponsor’s payment processor, and require the winner to provide the account information needed to process the transfer.
Trip Restrictions and Terms: Trip includes round trip, coach-class air transportation for winner from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Austin, TX; Two (2) consecutive nights' accommodations at a standard hotel determined by Sponsor in its sole discretion (one (1) room, double occupancy); round-trip, economy-class air transportation or ground transportation (at the Sponsor’s sole discretion) from a location near the winner’s residence to Austin, TX. Actual value may vary based on airfare fluctuations and distance between departure and destination. All travel arrangements will be made through Sponsor’s agent and on a carrier of Sponsor’s choice. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, baggage fees, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion and no compensation or substitution will be provided for difference in prize value. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner will not receive difference between actual and approximate retail value.
$500 Debt Payment: Debt payment presentation may be filmed, photographed and otherwise recorded from start to finish by Sponsor (“Prize Footage”) and the Prize Footage and all other materials documenting the Trip shall be owned by Sponsor.
Winner understands that Sponsor, its designees, successors, assigns and licensees, have the right to edit, modify, reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the Prize Footage and all elements embodied therein, along with winner’s name, username, social media handles, biographical information, likeness, performance, voice or image (“Persona”), in whole or in part, together with other materials, in any manner or media now known or later devised (including, without limitation, posting the Prize Footage on Sponsor websites and apps (including, but not limited to, its social media pages or accounts)), throughout the world in perpetuity for advertising, promotional and other purposes, without further compensation, notification or permission. Sponsor has no obligation to make use of the rights granted herein. Released Parties (as defined below) are not responsible for any unauthorized use of Prize Footage by third parties.
General Prize Conditions and Restrictions: Prizes are non-transferable, with no cash redemption for non-cash prizes or substitution except at Sponsor’s sole discretion (which may substitute a prize of comparable or greater value). Prizes are awarded “AS IS” without warranty of any kind, express or implied. Prizes may not be sold, bartered, or auctioned.
Winners are solely responsible for all federal, state and local taxes associated with prizes. For any prize with a value of $2,000.00 or more, the winner must provide a valid taxpayer identification number and a completed IRS Form W-9 before the prize is provided, and an IRS Form 1099 will be issued for the value of the prize. If a winner fails to provide a completed IRS Form W-9 and a valid taxpayer identification number within the time Sponsor specifies, Sponsor may, at its sole discretion, withhold the prize, apply backup withholding at the rate required by law, or disqualify the winner. Sponsor does not provide any tax gross-up. A winner who declines a prize because of the associated tax obligation forfeits that prize.
All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
8. PUBLICITY GRANT
Except where prohibited by law, each winner grants the Contest Parties and their designees the right to use and publish the winner’s Persona for advertising, marketing, and publicity purposes in connection with the Contest, in any media now known or later devised, worldwide, without additional notice, permission, or compensation beyond the prize.
9. CONDUCT
The Contest Parties and their respective directors, officers, employees, agents, successors, and assigns (the “Released Parties”) are not responsible for the actions of participants in connection with the Contest. Sponsor reserves the right to disqualify any individual found to be tampering with the referral or scoring process, violating these Official Rules, or acting in an unfair, unsportsmanlike, or disruptive manner, and to void all associated referrals. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAW, AND THE CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. RELEASE AND INDEMNIFICATION
To the fullest extent permitted by applicable law, and as a condition of participation, participants agree to release, discharge, indemnify, and hold harmless the Released Parties from and against any and all liability, claims, costs, losses, and damages of any kind relating to or arising in whole or in part, directly or indirectly, from: (i) participation in any aspect of the Contest; (ii) the receipt, ownership, use, or misuse of any prize, including any trip or in-person experience; and (iii) claims relating to publicity or privacy rights in connection with permitted advertising. Nothing in these Official Rules excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud.
Participants’ indemnity and defense obligations apply to all liabilities or expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. Participants shall cooperate fully as reasonably required in the defense of any such claim. Released Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by participants.
11. WAIVERS AND DISCLAIMERS
Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting their terms. If Sponsor is prevented from continuing the Contest by an event beyond its reasonable control (a “Force Majeure” event), Sponsor may modify, suspend, or terminate the Contest or any prize. Sponsor further reserves the right, in its sole discretion, to modify, suspend, or terminate the Contest if causes beyond its control corrupt or interfere with its administration, integrity, security, or proper operation, or to disqualify any participant found to be tampering with the referral process, violating these Official Rules, or acting in a disruptive or unsportsmanlike manner.
To the fullest extent permitted by applicable law, the Released Parties assume no responsibility or liability for: (a) lost, late, incomplete, delayed, misdirected, or garbled referral data, account activity, emails, or other communications of any kind; (b) incorrect or inaccurate information or faulty or failed data transmissions; (c) unauthorized access to, or theft, destruction, or alteration of, referral or account data; (d) any technical malfunction, failure, error, interruption, or delay of any network, hardware, software, or service used in any aspect of the Contest; (e) inaccessibility or unavailability of the internet or the Dollarwise app; (f) any injury or damage to any person or property related to or resulting from participation in the Contest; or (g) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or tabulating of Successful Referrals, the functionality of Unique Links, the announcement of the prizes, or in any Contest-related materials.
If the Contest is not capable of running as planned for any reason, the Contest Parties reserve the right to cancel, terminate, modify, or suspend the Contest in whole or in part, and if terminated, to award the prizes using all non-suspect, eligible Successful Referrals initiated as of the termination date or as otherwise deemed fair and appropriate by Sponsor.
This Contest is in no way sponsored, endorsed, administered by, or associated with any social platform or any other third-party platform used to promote it, and each participant releases those platforms from all liability arising from or related to the Contest.
If you participate using a mobile device, standard message and data rates may apply.
12. GOVERNING LAW AND EXCLUSIVE FORUM
You agree that these Official Rules (and any Dispute relating to or arising in connection with these Official Rules or the Contest) is governed by and shall be construed in accordance with the laws of the State of Texas, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Travis County, Texas, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto.
13. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, TREBLE OR PUNITIVE LOSSES; OR (2) DAMAGES ARISING FROM INTERRUPTIONS; SYSTEM ERROR, FAILURE OR MALFUNCTION; OR DELAYS IN OPERATION OR TRANSMISSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
YOU ACKNOWLEDGE THAT THE RELEASED PARTIES’ SOLE AND ENTIRE MAXIMUM LIABILITY TO YOU FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DEMAND, SHALL IN NO CIRCUMSTANCES EXCEED THE ACTUAL OUT-OF-POCKET COSTS INCURRED BY YOU, NOT TO EXCEED $100.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14. MANDATORY DISPUTE-RESOLUTION PROCESS
Mandatory Pre-Arbitration Notification Procedure
In the event that a dispute, claim, or controversy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, arises between a participant and the Released Parties (together, the “Dispute Parties”), including but not limited to disputes, claims or controversies related to or arising from these Official Rules or the Contest (a “Dispute”), the Dispute Parties agree to attempt, in good faith, to resolve any Dispute prior to initiating the arbitration process (as outlined below).
To comply with this provision, the Dispute Parties must:
Send written notice to the other party at the addresses listed below
Address for Released Parties: [email protected], or, if participant would prefer to mail his or her written notice, 700 Smith St #61070, SMB#116506, Houston, TX 77002
Address for participant: participant’s email address or, if Released Parties are not in possession of a working email address for participant, the physical address, if any, on file for participant
Include with the Notice the following information:
Full name
Contact Information
If sent by participant, “contact information” means a way in which Released Parties can contact participant (i.e., mailing address, email address, telephone number, etc.)
If sent bv Released Parties, “contact information” means a person that participant can contact to discuss the Dispute
A description of the Dispute
Any documentation that supports the Dispute
Wait thirty (30) days from the date the written notice was sent to the other party before initiating the arbitration process (as outlined below)
Engage in meaningful resolution discussions with the other party during the at least thirty (30) days between when the written notice is sent and when the arbitration process is initiated
For the avoidance of doubt, “meaningful resolution discussions” means at least one telephone call between participant and a representative of the Released Parties
Any applicable limitations period (including statute of limitations) shall be tolled while the Dispute Parties engage in the informal dispute resolution procedures set forth in this subsection
THE DISPUTE PARTIES AGREE THAT COMPLIANCE WITH THIS PROVISION IS A CONDITION PRECEDENT TO THE DISPUTE PARTIES INITIATING THE ARBITRATION PROCESS. IF THE DISPUTE PARTIES DO NOT COMPLY WITH THIS PROVISION, THE DISPUTE PARTIES AGREE THAT THE ARBITRATION IS PREMATURE, INVALID, AND SHOULD BE TERMINATED UNTIL THIS PROVISION IS COMPLIED WITH IN FULL.
Mandatory Individual Arbitration
Any Dispute, whether such Dispute arose before, on, or subsequent to participant entering in this Arbitration Agreement and if not resolved through the informal dispute resolution procedure set forth above, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable, and further, that the arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Official Rules are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
To the fullest extent permissible by applicable law, all Disputes must be filed within one year after such Disputes or cause of action arose or it will be forever barred.
Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, participants and Released Parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in Travis County, Texas to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by the Released Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Participants and/or Released Parties may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
If participants or Released Parties file or cause to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.
Rules and Governing Law for Arbitration
If the Dispute cannot be resolved through the Mandatory Pre-Arbitration Notification Procedure described above, participants and Released Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to participant’s residence as practicable, or another agreed upon locale, and shall be before one arbitrator.
All Disputes shall be submitted to NAM, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM Rules, except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the NAM Rules. Participants and Released Parties agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notification Procedure requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed.
A form for initiating arbitration proceedings is available on NAM’s website at www.namadr.com/resources/rules-fees-forms/. For additional information on how to commence an arbitration proceeding, you can contact NAM at [email protected].
Notwithstanding any choice of law or other provision in this Arbitration Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement and any proceedings under it. The FAA and the NAM Rules shall preempt all state laws to the fullest extent permitted by law. To the extent neither the FAA nor the NAM Rules govern a particular issue, that issue will be governed by the Laws of the State of Texas, without regard to choice or conflict of law principles, except that, for residents of California, the laws of the State of California will so govern.
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, the parties agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.
Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 demands for arbitration of a substantially similar nature, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for concurrent resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single set of admin and panel prep fees per batch in accordance with NAM’s fee schedule. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
The Released Parties reserve all rights and defenses as to each and any Dispute, Demand for Arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind.
Arbitration Fees: Neither party is required to pay to NAM the fees owed by another party. The refusal to pay fees owed by the other party shall not void or otherwise invalidate this Arbitration Agreement, which shall remain in full force and effect. Any disputes over arbitration fees shall be resolved by NAM.
Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief: The parties agree that, to the fullest extent permitted by law, the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual
Arbitration opt-out.
Participants may opt out of this arbitration provision by sending written notice to Sponsor at the address in Section 17 within thirty (30) days after you first participate in the Contest. Participant must include in the notice his or her name, mailing address, and a clear statement that participant wishes to opt out of arbitration for this Contest. Opting out will not affect any other provision of these Official Rules and will not affect participant’s eligibility to participate or win. If participant does not opt out within the thirty (30) day period, participant agrees to be bound by this arbitration provision.
15. Class Action / Jury Trial Waiver
Participants agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that participants and Released Parties may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that participants and Released Parties may not participate in any class, collective, private attorney general, representative, or consolidated proceeding brought by any third party, and any arbitration will be conducted only on an individual basis (other than the permitted Mass Filing Procedures). You and we may participate in a class-wide settlement.
16. ENTRY INFORMATION AND PRIVACY
Personal information collected in connection with the Contest will be used to administer the Contest (including verification, scoring, winner notification, prize delivery, and legal compliance) and as described in the Dollarwise Privacy Policy at https://dollarwise.com/privacy-policy. Information may be shared with the Administrator and service providers for these purposes. By participating, you also agree to be bound by Dollarwise’s Terms of Use at https://dollarwise.com/terms-of-use and Privacy Policy at https://dollarwise.com/privacy-policy, which are incorporated by reference. In the event of a discrepancy between the Privacy Policy or Terms of Use and these Official Rules with respect to the Contest, these Official Rules control.
17. MISCELLANEOUS
If any provision of these Official Rules or the Declaration is held invalid, unenforceable, or illegal, the remaining provisions will remain in full force and effect. Sponsor’s failure to enforce any term is not a waiver of that term. Headings are for convenience only. In the event of any discrepancy between disclosures in any Contest-related materials and these Official Rules, these Official Rules prevail.
18. WINNERS LIST
Sponsor will announce the winners by marketing email only; winners will not be posted on the Dollarwise website or in the app. For written confirmation of the winners, send a self-addressed, stamped envelope to be received within one hundred and twenty (120) days after the end of the Contest Period to: Dollarwise Referral Games Winner Request, c/o Sponsor, Hammer Media LLC, 1023 Springdale Rd. Suite 1J, Austin, TX 78728.
19. SPONSOR
Sponsor: Hammer Media LLC (“Hammer Media”), 1023 Springdale Rd. Suite 1J, Austin, TX 78728. Dollarwise is the app and product operated by Sponsor. References to third parties are for identification purposes only and do not imply endorsement, sponsorship, or affiliation.
20. ADMINISTRATOR
Hammer Media LLC, 1023 Springdale Rd. Suite 1J, Austin, TX 78728.