Uphold referral programs terms and conditions

This agreement sets forth the terms and conditions for participation in the user referral programs (“Programs”) administered by Uphold, Ltd. (together with its affiliates, “Uphold”): the Standard Referral Program, where you and a friend each receive US$10, and the Referral Leaderboard Program, where rewards are given to the top referrers, with a grand prize of UPUSD$25,000. Employees of Uphold, its subsidiaries and affiliated companies and their respective directors, officers, employees, agents, representatives, advertising or promotional agencies, members of their immediate families and persons with whom any of the foregoing are domiciled are not eligible to participate in these Programs.

Standard referral program

Who can enter: All verified members of Uphold.com over the age of 18 at the time of participation are eligible to participate in the Standard Referral Program.

How to enter: First, ensure you are a verified member of Uphold.com by checking your account status from your Uphold.com homepage or the Uphold mobile app. To join Uphold.com as a member or to become verified, go to join.uphold.com or follow the prompts in the Uphold mobile app. To participate in the Standard Referral program, you must:

  1. Register for the Uphold Borrow/Uphold Earn Waitlist via join.uphold.com or the Uphold mobile app to receive your personal referral link.

  2. Invite your friends to join Uphold and the Waitlist by sending them your personal referral link.

  3. Ensure that your friends join Uphold by clicking on your personal referral link. If your friend joins by visiting the site or app directly or otherwise without using your personal referral link, Uphold will be unable to track you as the source of the referral, and neither you nor your friend may be eligible for the reward.

  4. To be considered a “Qualified Referral”, your friend must become a verified Uphold member using your personal referral link and fund their Uphold account with at least US$100 (or equivalent in fiat or crypto currency at exchange rates provided by Uphold) by the end of the Standard Referral Program Period, sign up for the Uphold Borrow/Uphold Earn Waitlist, and have at least US$100 (or equivalent in fiat or crypto currency at exchange rates provided by Uphold) in their account at the end of the Standard Referral Program Period. To become a verified member, users must complete Uphold’s standard “Know Your Customer” background check.

Program period: The Standard Referral Program is active from 16:00 UTC October 9, 2018 to 23:59 UTC December 31, 2018 (the “Standard Referral Program Period”).

Rewards: All verified members participating in the Standard Referral Program will receive US$10 for each Qualified Referral completed during the Standard Referral Program Period; each referred friend who becomes a Qualified Referral by the end of the Standard Referral Program Period will also receive US$10.

The maximum total amount payable by Uphold to any individual participant in the Standard Referral Program is US$200, and rewards will be paid only on the first 20,000 Qualified Referrals during the Standard Referral Program. The total amount to be awarded is dependent upon the number of participants. All payments will be made within thirty (30) days of the end of the Standard Referral Program Period via the participants’ Uphold wallet.

Referral leaderboard program

Who can enter: Verified members of Uphold.com who are over the age of 18 at the time of participation and are legal residents of the United States, Canada, the United Kingdom, Argentina, Chile, Colombia, Ecuador, and Venezuela are eligible to participate in the Referral Leaderboard Program. Additional countries will be added periodically. Users from a country not eligible for participation in the Referral Leaderboard Program may participate, and if and when their country is added, users will be credited for all Qualified Referrals made.

How to enter: Eligible participants in the Standard Referral Program will automatically be entered into the Referral Leaderboard Program, and each successful Qualified Referral by the end of the Referral Leaderboard Program Period will count towards the referring member’s total, but there is no limit on the number of Qualified Referrals a member can make, regardless of a member hitting the maximum number of Qualified Referrals for rewards under the Standard Referral Program or the aggregate cap of 20,000 Qualified Referrals in the Standard Referral Program.

Program period: The Referral Leaderboard Program is active from 16:00 UTC October 9, 2018 to 23:59 UTC December 31, 2018 (the “Referral Leaderboard Program Period”).

Rewards: At the end of the Referral Leaderboard Program Period, the eligible members who have successfully referred the most new Qualified Referrals by the end of the Referral Leaderboard Program Period will receive an additional reward based on their position on a leaderboard of all eligible referrers:

Prize Tier

Place

Prize Amount

(in UPUSD)

Grand winner 1 $ 25,000
Tier 2 2 $ 10,000
Tier 3 3 $ 5,000
Tier 4 4 $ 2,000
Tier 5 5-25 $ 1,000
Tier 6 26-50 $ 500
Tier 7 51-100 $ 250
Tier 8 101-250 $ 100

In the event of a tie between members, the member who reached their final number of successful Qualified Referrals first (based on funding of the referred member’s account of at least US$100 (or equivalent in fiat or crypto currency at exchange rates provided by Uphold), verification of the account, or signing up for the Uphold Borrow/Uphold Earn Waitlist, whichever is later), as evidenced by Uphold’s records, will be declared to be ahead of the other member(s).

Rewards for the Referral Leaderboard Program will be paid out on March 1, 2019. Reward payments for the Referral Leaderboard Program will be made in U.S. Dollars (USD) or UPUSD, at Uphold’s discretion, into the winning eligible members’ Uphold wallets. Each UPUSD will be backed on a 1-to-1 basis by a USD held in reserve by Uphold and can be exchanged into fiat USD at Uphold. Odds of winning are dependent upon the number of participants. All prizes will be rewarded to eligible participants.

General terms for both programs

Uphold is not responsible for any costs associated with claiming any reward. Use of the Uphold service, a requirement for participation in the Programs and claiming of rewards, is subject to all relevant fees associated with the funding, transfer, exchange or removal of funds or value from accounts pursuant to Uphold’s standard charges, available at https://uphold.com/en/pricing. Use of the Uphold service is subject at all times to the Uphold Membership Agreement, available at https://uphold.com/en/legal/membership-agreement. Violation of the Membership Agreement will constitute a violation of these terms and conditions and result in the disqualification of the user from the Programs. Rewards are not exchangeable or transferable other than via the Uphold service. Winners are solely responsible for the reporting and payment of any and all taxes, if any, that may result from claiming a reward in these Programs. Members who are residents of the United States who win more than US$600 in the Programs will be issued a 1099 tax form for reporting purposes.

Decisions of Uphold are final on all matters of fact, interpretation, eligibility, procedure and fulfillment in respect to these Programs. Uphold memberships are limited to one per person, regardless of email account or contact information. Any attempt to create multiple memberships or accounts for the same user (either by closing and re-opening accounts or by using different contact information) or other fraudulent activity will result in disqualification of the user from all Programs, and multiple or fraudulent memberships or accounts will not count as Qualified Referrals. Uphold reserves the right at any time to withdraw these Programs or to modify, amend, or supplement these rules, in its sole discretion, subject to applicable law.

By participating in these Programs, members consent to the use by Uphold of their username for inclusion in the publicly available Referral Leaderboard Program leaderboard, without further permission or compensation, except where prohibited by law. All participants in the Programs agree to abide by and be bound by these terms and conditions.

Any personally identifiable information collected during an individual’s participation in the Programs and registration process with Uphold will be collected and used by Uphold and their agents for the purposes of the proper administration and fulfillment of the Programs as described in these terms and conditions and for operation of the Uphold service, and will not be shared with any third party except to provide services to you pursuant to your request, as required by law, to confirm with legal process or to protect or defend the legal rights or property of Uphold, or as otherwise set forth in Uphold’s Privacy Policy available at https://uphold.com/en/legal/privacy-policy.

Uphold, its subsidiaries and affiliated companies, and each of their respective directors, officers, employees, agents, representatives, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, whether caused by equipment, programming used in these Programs, human processing or otherwise, or any combination thereof; (ii) failed, incomplete, garbled, or delayed computer transmissions; (iii) any condition caused by events beyond the control of Uphold that may cause these Programs to be disrupted or corrupted; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of the rewards, or acceptance, possession, or use of the rewards, or from participation in these Programs; or (v) any printing or typographical errors in any materials associated with these Programs. Uphold reserves the right, in its sole discretion, to suspend or cancel these Programs at any time if a computer virus, bug, tampering, unauthorized intervention, or other technical problem of any sort corrupts the administration, security, or proper play of these Programs. Uphold also reserve the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of Uphold’s site or app, or who is otherwise in violation of these terms and conditions. Any attempt to damage the Uphold site or app or undermine the legitimate operation of the Programs is a violation of criminal and civil laws. Should such an attempt be made, Uphold reserves the right to prosecute violators to the fullest extent allowable by law.

By participating in the Programs, each participant agrees to release and hold Uphold, its subsidiaries and affiliated companies and third party partners and service providers, and each their respective directors, officers, employees, agents, representatives, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with these Programs or resulting from acceptance, possession, or use of any reward, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

Except where prohibited, participants agree that (1) any and all disputes, claims or causes of action arising out or connected with the Programs or any rewards awarded shall be resolved individually, without resort to any form of class action, and exclusively by arbitration or alternate dispute resolution, as selected by Uphold before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules, to take place in New York, New York; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred in participation but in no event attorney’s fees; and (3) under no circumstances will a participant be entitled to obtain awards for and participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions and the decisions of Uphold in connection with the Programs, shall be governed by and construed in accordance with the laws of South Carolina, without regard for conflict of laws doctrine.

With respect to Québec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

Should any term or provision of this paragraph or any other rule herein be concluded to be void, unenforceable or contrary to applicable law as provided herein, such term or provision shall, but only to the extent necessary to bring the rule within the requirements of such law, be deemed to be severed from the other terms and conditions; and the remainder of these terms and conditions shall be given effect as if it had not included the severed item.

Uphold Borrow and Uphold Earn will be subject to separate terms and conditions, which will be separately disclosed, may not be available to users in all jurisdictions and, where available, will be provided by third parties exclusively through Uphold. This summary does not constitute an offer for any product or service.

Residents of China may not participate in our Programs, nor may residents of any countries or jurisdictions which prohibit the sale of digital assets or cryptocurrencies or persons who are subject to applicable sanctions or are located, organized or resident in a country or territory that is the subject of applicable sanctions.

These Programs are subject to all federal, state, provincial and local laws. Void where prohibited or restricted by law.