General Promotions and Competitions
These General Promotions and Competitions Terms and Conditions (“General Promo Terms”) set out the terms and conditions that apply to all promotions and competitions offered by Tothemoon, or any of its affiliates (collectively, “Tothemoon”, “us” or “our”), through its website or mobile application (collectively, the “Platform”) to users of the Platform (“User” or “you”). The scope of promotions and competitions under these General Promo Terms includes, but is not limited to, the following categories:
Signup and Deposit Bonus: Rewards granted to Users for registering an account on the Platform or for depositing funds into their account.
Competitions: Users compete against each other based on trading volume, profit percentages, or other metrics within a specific timeframe. Rewards are granted based on Users' performance and adherence to the competition rules.
Task Completion: Incentives offered to Users for completing specific tasks such as verifying their account, adding two-factor authentication, completing a certain number of trades or other Platform engagement activities.
Flash Promotions: Time-limited offers that provide immediate benefits such as fee discounts, cashback on trades or bonus tokens.
Social Media Contests: Promotions run on social media platforms where Users can earn rewards for activities such as posting about the Platform, tagging friends, or participating in polls.
Staking Promos: Additional incentives for Users who lock up a portion of their virtual assets as a stake in the network, helping to maintain the security and operations of a blockchain network.
Futures Promos: Incentives for Users who participate in futures trading such as reduced fees, bonus margins or risk-free trades limiting User’s risk exposure. (collectively referred to as “Promo Events”).
By participating in any Promo Event you agree to be fully bound by (i) these General Promo Terms; (ii) Tothemoon Terms and Conditions (Exchange, Contract or Staking T&Cs respectively) (collectively referred to as “General Terms”); (iii) Tothemoon Privacy Policy; and (iv) the specific terms and conditions applicable to the particular Promo listed on the Platform (the “Specific Promo Terms”). The General Promo Terms, the General Terms, the Privacy Policy, and the Specific Promo Terms, jointly, shall be referred to as the “Promo Terms”, and shall collectively govern your participation in any Promo Event and constitute a binding agreement between you and Tothemoon.
Tothemoon reserves the right to make changes to the Promo Terms at any time by publishing an updated version of the Promo Terms on the Tothemoon official website, and such changes shall take effect immediately upon publication thereof unless another effective date is specified in the notice.
Tothemoon will publish the list of active Promo Events available to Users and the Specific Promo Terms on the Reward Center webpage of the official website (the “Reward Center”). Tothemoon reserves the right to modify, suspend, terminate, or cancel any Promo Event at any time in its sole and absolute discretion.
You are only eligible to participate in any Promo Event if you are an active User of the Platform. Tothemoon may specify additional criteria for participation in any particular Promo Event in the Specific Promo Terms including but not limited to allowing participation in the particular Promo Event only for a specific group of Users or for Users from certain jurisdictions. If a User doesn’t meet any requirements indicated in the Specific Promo Terms, he/she shall not be entitled to activate this Promo Event.
The start and the end date and time of accessibility of any particular Promo Event (the “Access Period”) will be determined in the Specific Promo Terms. You may only activate any particular Promo Event during the Access Period, otherwise, your participation will be void.
Some Promo Events may require Users to complete certain tasks or achieve particular results on the Platform during a limited period of time (the “Promo Period”) as specified in the Specific Promo Terms. Tothemoon may, at its sole discretion, limit the Promo Period for any Promo Event by determining the maximum number of eligible participants, the total amount of reward, or any other characteristics.
To participate in a particular Promo Event, Users may need to activate it in the Reward Center and follow the instructions specified in the Specific Promo Terms. Promo Events such as Competitions and Contests generally require activation by the User, while Signup and Deposit Bonuses are typically active by default. The necessity of activation will be explicitly stated in the Specific Promo Terms. Unless otherwise provided in the Specific Promo Terms, each Promo Event is a one-off event, and you are only eligible to participate in it and receive a reward once.
Upon successful completion of the requirements of the particular Promo Event, as provided in the Specific Promo Terms, a User may be eligible to receive a bonus, prize, or reward from Tothemoon (the “Reward”). The Reward for any particular Promo Event shall be determined in the Specific Promo Terms and may comprise a discount, access to a special offer, reduced or zero trading fees, a certain amount of virtual assets to be credited to the User’s account on the Platform or any other form as specified in the Specific Promo Terms.
If for any reason Tothemoon becomes unable to release the Reward to a User or the release is delayed or postponed, Tothemoon reserves the right to modify the Specific Promo Terms and substitute the Reward with an alternative bonus, prize, or reward of comparable value as determined by Tothemoon in its sole discretion. In the event a User is unable or unavailable to accept the Reward for any reason, Tothemoon reserves the right to cancel the Reward.
Users may utilize the Reward only in the way determined by Tothemoon at its sole discretion. User shall not have the right to transfer, assign, sell, pledge the Reward, or otherwise inure the benefits thereof to any third party including to another User unless otherwise provided in the Specific Promo Terms.
The Reward earned by a User in connection with any Promo Event may have an expiration date, as specified in the Specific Promo Terms or otherwise determined by Tothemoon. Users must redeem the Reward prior to its expiration date; failure to do so will result in the Reward becoming void and unenforceable. Tothemoon reserves the right, at its sole discretion, to modify the expiration date of any Reward at any time, with or without prior notice to Users. Such modifications may take effect immediately and apply to both existing and future Rewards. Tothemoon shall not be liable for any loss or damage arising from the modification or nullification of the Reward.
You should participate in the Promo Events only in a fair manner. The use of any scripts, computer programs, robotic, repetitive, macro, automatic, programmed, or any other methods to compromise the results of the Promo Event will be deemed as a material breach of the Promo Terms.
Tothemoon reserves the right to disqualify, revoke or deduct from your account any Reward and take any other actions or exercise any other rights Tothemoon may have under the law or equity if it determines, in its sole reasonable discretion, that you (i) have violated the Promo Terms; (ii) have misused, manipulated or abused any Promo Event in any way; or (iii) are no longer eligible, for any reason whatsoever, to use Tothemoon services.
Tothemoon may determine specific limitations, restrictions, or requirements for any Promo Event which should be set out in the Specific Promo Terms. If you fail to meet any of these limitations, restrictions, or requirements, your participation in the Promo Event may be void and your Reward may be revoked. Tothemoon may determine the ineligibility of any User to receive any Reward and revoke and cancel such Reward, whether before or after the Reward is granted to a User.
THE REWARD IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL Tothemoon BE LIABLE TO THE USER FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USER’S PARTICIPATION IN THE PROMO EVENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Tothemoon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By participating in any Promo Event, you agree to release, discharge, and hold harmless Tothemoon, its affiliates, legal representatives, directors, beneficial owners, employees, and contractors from any and all liability for any claims, damages, injuries, or losses of any kind whatsoever suffered or sustained in connection with your participation in the Promo Event or the acceptance or non-acceptance of any Reward, and to fully indemnify such parties against any and all claims against them or damages they may suffer as a result of your breach of the Promo Terms.
To the extent permitted by applicable law, Tothemoon will not be liable for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages with regard to any Promo Event or Reward. In no event shall Tothemoon’s total liability to you under the Promo Terms exceed the amount of fifty US dollars ($50.00).
You should carefully review and understand the risks associated with virtual assets before making any transaction. Dealing with virtual assets can incur the risk of financial loss. Virtual assets are by their nature highly volatile and you should be aware that the risk of loss in trading, investing, or holding virtual assets can be substantial. We strongly encourage you to review our comprehensive Risk Disclosure Statement (https://tothemoon.com/faq/risk-disclosure-statement-43000720770) before making any financial decisions.
In most jurisdictions, virtual assets are not legal tender and not backed by the government or any regulatory authority, and there is no guarantee that any person shall agree to accept them for their intended purpose at any time in the future. Market availability and liquidity may be limited or disrupted, and there can be no guarantee that you will be able to sell or exchange your virtual assets at any price.
Tothemoon shall not be held liable if the Promo Event cannot take place, or if the Reward cannot be awarded to a User due to delays, interruptions, or failures due to acts of God, war, natural disasters, weather, acts, or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of Tothemoon’s reasonable control. If, for any reason, the Promo Event is not capable of running as scheduled, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Tothemoon, which, in Tothemoon’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promo Event, Tothemoon reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promo Event or any part thereof. If the Promo Event or any part thereof is terminated or modified prior to the end of the Access Period or Promo Period, the respective notice shall be given to the Users.
The invalidity or unenforceability of any provision of these General Promo Terms will not affect the validity or enforceability of any other provision. In the event that any provision of the General Promo Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Tothemoon’s failure to enforce any term of these General Promo Terms will not constitute a waiver of that term or any other provision of these General Promo Terms. In the event there is a discrepancy or inconsistency between the provisions of these General Promo Terms and the Specific Promo Terms, the provisions of the Specific Promo Terms shall prevail.
These General Promo Terms and any dispute or claim arising out of or in connection with your participation in any Promo Event shall be governed by and construed in accordance with the laws of the jurisdiction where the specific Tothemoon entity serving you is located.
By participating in any Promo Event, you acknowledge and agree that the governing law and jurisdiction will be determined by the location of the Tothemoon entity that serves your region. Any legal suit, action, or proceeding arising out of or related to these General Promo Terms, the Rewards, or Promo Events shall be instituted in the competent courts of that jurisdiction.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts. If you are unsure of the applicable jurisdiction, please contact us at support@tothemoon.com for clarification based on your location.
Before filing a claim, we strongly encourage you to contact us directly at support@tothemoon.com to seek a resolution. We will make reasonable efforts to resolve any disputes informally before any legal action is initiated. If we are unable to resolve a dispute informally, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Services shall be brought exclusively in the courts of the jurisdiction where the specific Tothemoon entity serving you is located.
Notwithstanding the above, we reserve the right to consent to alternative dispute resolution methods, such as mediation or arbitration, under certain circumstances and at our sole discretion.
YOU AGREE TO WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST Tothemoon AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, REPRESENTATIVE OR COLLECTIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW AGAINST PUBLIC POLICY.