Blinko Terms & Conditions

General:

Blinko is a promotion (“Promo”) provided by Choice and Digital Trust (“Choice”).  This Promo is only valid for Eligible Current Customers of Choice located in the 50 United States or Guest Users who are 18 years of age or older.  “Eligible Current Customers” are those Participants who are current customers of Choice and whose accounts are open and in good standing.  “Guest Users” are (individual) Participants who are not current customers of Choice but have been assigned an internal Choice ID and a “claims account”.  Only Participants who are “Eligible Current Customers” or are “Guest Users” (collectively referred to herein as Participants) are eligible to receive rewards as outlined below.

 

Playing Blinko:

To initiate a Blinko session, an eligible Participant must log into (or in the case of guest users, open the choice app or site) his or her account and select “play Blinko” by clicking on the “play Blinko” button.  When the Blinko board appears with a chip at the top of the board, he or she must release the chip by pressing on the “drop chip” button.  The chip will then bounce down the board and come to rest in one of the buckets at the bottom of the board.  Each bucket is identified with a certain number of ‘satoshis’.  Please note that number may be zero.  The participant is rewarded with the number of ‘satoshis’ in the bucket into which the chip comes to rest.  That number of associated ‘satoshis’ become claimable when the chip comes to rest.

After each Blinko session upon which a prize becomes claimable, if the Participant is an Eligible Current Customer, the Participant will be taken to his or her “rewards inbox” and asked if he or she would like to “claim” the Blinko reward, if one was made claimable, immediately, or if he or she would like to claim it later.

If the Participant chooses to claim the reward immediately, he or she is confirming to Choice that he or she has met all of the Promo requirements, is eligible to make a contribution to his or her Individual Retirement Account (hereinafter referred to as an IRA) and is directing Choice to make a contribution equal to the value of the ‘satoshis’ rewarded through the Blinko drop into his or her IRA and to immediately convert that value into Bitcoin.  In other words, the rewards will be paid out in US Dollars and immediately traded into Bitcoin (at no fee to the client).  Choice is not responsible for any reduction in the cash value of the rewards due to fluctuations in the value of Bitcoin once the reward has been credited to the Participant’s account.

Choice provides Participants with the option to claim rewards at a later time in the event that a Participant has already contributed his or her maximum contribution amount prior to earning Blinko rewards.  As set forth below, the claims period is 13 months, allowing a Participant enough time to claim his or her rewards at the beginning of his or her next contribution year.

Please note, each Participant is responsible for determining whether he or she is eligible to make a contribution to an IRA and hereby acknowledges that he or she alone, is responsible for monitoring the same and insuring that he or she does not over-contribute in any given year.  Choice is not responsible for any over-contribution created by a Participant’s claiming a claimable reward.

If the Participant is a Guest User, the Participant’s rewards will be placed in a “claims account” linked to the guest user ID and held until such time as the Participant opens a Choice Retirement Account and claims the rewards in the form of a contribution as described above.  Once a Choice Retirement Account is established and rewards claimed into that account, the Guest User ceases to be a Guest User and becomes an Eligible Current Customer.

In order for a Guest User to claim his or her rewards, he or she must be eligible under Internal Revenue Service requirements to establish an IRA and be eligible to contribute to the IRA.

Claims Accounts:

Claims Accounts are for Guest Users only.  Eligible Current Customers must claim their rewards using their Choice Retirement Accounts and may not create claims accounts.  Any Eligible Current Customer discovered to have a claims account will have the claims account closed and any rewards contained in the claims account invalidated.

A Guest User may only have one claims account.  Creating more than one claims account will be deemed fraudulent.  If a Guest User creates more that one claims account, the Guest User will be entitled to the claims account with the largest balance.  Any other claim account will be closed and will result in all associated rewards being invalidated.

Please note that if a Participant is a Guest User and logs in using multiple devices or logs in from a shared device, the Participant accepts the risk that his or her rewards may be lost.  Choice uses best efforts to maintain the link between Guest Users and their claims accounts (accrued rewards) between sessions but due to technical circumstances beyond Choice’s control some rewards may be lost.

Claiming Eligibility:

As stated above, in order to claim rewards a Participant must be eligible to establish and contribute to an Individual Retirement Account (see link to IRS site here for eligibility rules).  Rewards may only be claimed in a retirement account with Choice which has not yet reached its annual contribution limit.  Rewards are intended for current Choice customers and prospective Choice customers who wish to establish and maintain a retirement account with choice in the future.  Choice reserves the right to mark as fraudulently earned (claimed or unclaimed), any rewards in any accounts which are established to receive rewards and subsequently closed or transferred out without any additional, material non-promotional funding (defined as contributions in the amount greater than $100 or the amount of rewards earned, whichever is higher) activity within 36 months of claiming any reward.  Choice reserves the right, in its sole discretion, to disqualify any Participant from Blinko eligibility based upon any violation of the terms contained herein.  Disqualification may result in the Participant being blocked from access to Blinko and Blinko-related sections of the Choice application.

Claims Process

Rewards must be claimed by following the directions provided in the Choice application.  Participants must have the ability to make a contribution to his or her Choice Retirement Account in order to claim some or all accrued rewards in any particular calendar year.  If the Participant does not have the current ability to make a contribution to his or her Choice Retirement Account, the Participant must choose to “claim later” deferring claiming the reward in the next calendar year.  The Participant may or may not receive prompts for Choice reminding him or her that he or she has rewards available to claim.

All rewards will be paid into a Participant’s Choice Retirement Account in the form of US Dollar contributions that will immediately be converted into Bitcoin at no cost to the Participant..  The value at the time a reward is claimed is dependent upon the value of Bitcoin at the time the reward is claimed.  Once claimed, the value will fluctuate over time as the value of Bitcoin will fluctuate.

Promotion Period:

Each Participant can only play Blinko and be eligible to receive Blinko rewards once in a 24-hour period unless additional drops are authorized by Choice.  Choice’s computer system is the official timekeeping device with respect to all matters relating to the Promo.  Choice may, in its sole discretion, provide participants with additional drops within any one 24-hour period.  If a participant, for whatever reason, and unless sanctioned by Choice, claims more than one reward in a 24-hour period, Choice will deem on reward fraudulent and invalidate the smaller valued reward.

Reward Selection and Verification:

During the Promotion Period, Participants have the chance to receive a reward by dropping a Blinko chip on the virtual Blinko Board.  The odds of receiving a given reward at any location on the Board are 1 in 7.  Choice reserves the right to adjust the rewards available on the Blinko Board at any time and the odds of any one reward type appearing on the Board may, at times, vary.

Receiving a reward is conditioned upon a Participant’s complying with all Official Rules and any instructions in the reward notification, including completing and returning any affidavit of eligibility and/or release of liability/publicity.  In the event that a reward is not eligible to be in the form of a contribution to an IRA, if a participant cannot be reached, the participant does not respond to the reward notification within the time set forth in the reward notification, the participant has not redeemed the reward prior to the expiration of the claim period or the participant has otherwise failed to comply with any of the requirements of the reward notification, the reward will be forfeited or invalidated if the reward has been erroneously awarded.

Limitations:

Participants must have a Choice Account in good standing or be Guest Users as Guest Users are defined herein.

Choice reserves the right to refuse to grant a reward in the event that Choice, in it’s sole discretion, determines that:  (1) a participant did not meet the requirements and qualifications of the Promo; (2) there may have been fraudulent activity; and/or (3) there is a violation of these Terms.

All rewards must be claimed no later than 13 months after the date the rewards are initially made claimable.

Blinko rewards are non-transferable and will expire if not claimed timely.

Expiration:

Any reward not claimed within 13 months from the date the reward is initially made claimable is deemed forfeited and can no longer be claimed.

Reps & Warranties:

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROMO IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  IF YOU HAVE MANDATORY RIGHTS AS A CONSUMER IN THE STATE IN WHICH YOU ARE RESIDENT THAT CANNOT BE WAIVED, NOTHING IN THESE TERMS WILL AFFECT THOSE MANDATORY CONSUMER RIGHTS.

Release:

By participating, participants agree to defend, indemnify, release and hold harmless Choice, Digital Trust and its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action arising out of participation in the Promo, including, but not limited to: (a) unauthorized human intervention in the Promo; (b) technical, printing, hardware, software, mobile, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet or ISP availability, traffic congestion or failed, incomplete, garbled, jumbled or delayed computer or mobile transmissions which may limit one’s ability to participate in the Promo; (c) errors in the administration of the Promo; (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promo; or (e) the awarding, receipt and/or use or misuse of the Reward or any benefit of the Promo, including without limitation any variation or reduction in the value of Bitcoin awarded after such Bitcoin was purchased by Choice. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promo and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. The Released Parties shall not be liable for failure to supply a Reward, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action, including epidemics or pandemics, that is beyond any of the Released Parties’ control.

Indemnification:

By playing Blinko, Participants agree to indemnify and hold the Released Parties harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach of any of these Terms or any violation of applicable law.

Dispute Resolution:

By participating in this Promo, Participants agree that any and all disputes, claims, and causes of action arising out of or related to this Promo, including any dispute, claim, or cause of action relating to the Rewards awarded in this Promo; and, any and all disputes, claims, and causes of action arising out of or related to the interpretation or application of this Dispute Resolution provision, including the enforceability, revocability, scope, or validity of this provision shall be brought in the Small Claims Division of the Minnehaha County Court in Sioux Falls, South Dakota.

Choice of Law:

Participant and Choice agree that the laws of the State of South Dakota, without regard to principles of conflict of laws, will govern the Promo and any dispute, claim, or cause of action arising out of or related to Promo, except to the extent governed by United States federal law.

Notices:

Choice reserves the right to change the terms of the Blinko program at any time due to changing market conditions, risk of fraud, or other reasons. By participating in the Blinko program, you acknowledge that receiving payouts is not guaranteed by Choice. Please check this page for periodic updates.

General:

The Promo may be valid alongside, though separate from, other promotions from Choice. Choice may decline requests to enroll in the Promo or award Rewards at its discretion. The Promo is only available for personal use and may not be used for commercial purposes.

Choice may delay a Reward and/or associated monetary benefits for the purposes of investigation and may refuse to verify and process any transaction Choice deems, in its sole discretion, to be fraudulent, suspicious or in violation of these Terms. All of Choice’s decisions are final and binding, including decisions as to whether a Reward is earned (whether claimed or unclaimed) pursuant to these Terms. Neither receipt of the Reward nor identification of a particular cryptocurrency in communications related to this Promo constitutes investment advice or a recommendation of the crypto asset, or recommendation to buy, sell, or hold the asset.

Consult with your tax advisor about the appropriate tax treatment for rewards earned through this Promo and any tax implications associated with receipt of the Reward before enrolling. Choice is not responsible for any tax related to Rewards earned by Participants. Nothing in these Terms implies any employment or joint venture relationship between Participants and Choice. All taxes applicable to or resulting from any Reward or other benefits provided by Choice under this Promo is the Participant’s responsibility.

This Promo is void where prohibited by law, and is subject to all applicable federal, state and local laws and regulations, and Sponsor’s Terms of Service and Privacy Policy. Sponsor reserves the right to modify, suspend or terminate the Promo in the event it becomes infected by a computer virus or is otherwise technically impaired, or based on the technical, legal and policy requirements of the platform(s) by which it is made available, and to cancel or suspend the Promo in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, or integrity of the Promo and, if terminated, at Sponsor’s discretion, conduct a random drawing from among all non-suspect eligible entries received to that point.

Sponsor: Digital Trust, P.O. Box 870, Murray, KY 42071