Legal

Terms & Conditions

The rules of MyNextVote, including the official rules of the prize program. Using the platform means you agree to them.

Short version: be a real person, vote honestly, post things you have the right to post, and never fake votes. Creators who enroll and reach the vote target with real votes win real money. Anyone who games it forfeits everything. Disputes go to arbitration in Florida. The long version follows, and the long version governs.

1. The agreement

These Terms are a contract between you and Moon Tree Farm, 4516 Marilyn Ct, Keystone Heights, FL 32656 ("Moon Tree Farm", "we", "us"), which owns and operates MyNextVote at mynextvote.com (the "Platform"). By visiting the Platform, creating an account, voting, posting a poll or enrolling in the prize program, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Platform.

The Rules to Win page summarises the prize program in plain language. Where it and section 7 below differ, section 7 controls.

2. Who can use MyNextVote

3. Accounts

You are responsible for everything done through your account. Keep your password private; tell us immediately at win@mynextvote.com if you think it has been compromised. Information you give us must be accurate and kept current — a prize cannot be paid to a name or address that does not match a real person, and a mismatch is grounds for forfeiture. Usernames that impersonate someone, contain slurs, or promote a business or URL may be changed or removed.

4. The service

The Platform lets you create polls, vote on polls, and compete for prizes by attracting real votes to your polls. Voting without an account is a demonstration only: demo votes are not counted toward any poll's official results or any prize. We may change, suspend or discontinue any feature at any time. We may set and change limits — for example the number of polls per account, options per poll, or demo votes per visitor.

5. Your content

You own it. Polls, options, images and anything else you post ("Content") remain yours.

You license it to us. By posting, you grant Moon Tree Farm a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, display, reproduce, adapt (for example, cropping an image or truncating a question) and distribute your Content on the Platform, in our emails, and in promotion of the Platform, for as long as the Content is on the Platform and for a reasonable period afterward in backups and archives. If you delete Content, we stop displaying it, but it may persist in backups and in the vote records that the prize program requires us to keep.

You promise that you have the right to post it, that it does not infringe anyone's copyright, trademark, privacy or publicity rights, and that it complies with section 6.

Content rules. Polls must be genuine questions. Content may not: be unlawful; threaten, harass or defame anyone; contain sexual content involving minors or non-consensual sexual content; promote violence or hatred against a group; contain personal information about a private individual; contain malware or deceptive links; or advertise another business, product or service without our written permission. We may remove any Content, or decline to show it in the feed, at our sole discretion and without notice.

Other people's content. Polls are written by users. To start the Platform we also created a set of polls under accounts we operate; those accounts are not enrolled and cannot win a prize. We do not endorse any poll, and a poll's existence on the Platform is not a statement of fact by Moon Tree Farm.

6. Prohibited conduct

Every one of these is grounds for immediate removal and forfeiture of any prize, without refund of anything and without appeal:

We decide whether conduct violates this section, and we may rely on statistical patterns, device and network signals, and timing — not only on direct proof — because fraud rarely leaves direct proof.

7. Prize program — official rules

No purchase necessary. A purchase will not increase your chances of winning. Void where prohibited.

7.1 Sponsor

Moon Tree Farm, 4516 Marilyn Ct, Keystone Heights, FL 32656.

7.2 How it works

The prize program runs in cycles. Each cycle has a unique-vote target and a prize, both displayed on the Platform; the figures shown in the voting feed are the live ones for the current cycle. The prize for a cycle is awarded to the first enrolled creator whose polls collectively reach the target in unique votes during that cycle, subject to verification. The cycle then ends. This is a contest of effort and reach — the winner is determined by the votes their polls attract, not by chance or drawing.

7.3 Unique votes

A "unique vote" is one vote by one distinct, real, signed-in user on any poll by a given creator during a cycle. The same voter voting on ten of your polls is one unique vote for you. Your own votes on your own polls never count. Demo (signed-out) votes never count. Votes from accounts we determine to be duplicate, automated, purchased or otherwise in breach of section 6 are removed, and may be removed retroactively — including after a target appears to have been reached.

7.4 Enrollment

Only enrolled creators can win. Enrollment is a form on the Platform collecting your legal name, mailing address, phone number and payout method; you can update it at any time. Votes received before enrolling still count toward your total, but a creator who is not enrolled at the moment their polls cross the target does not win at that moment. The cycle stays open. If that creator then enrolls while still over the target and the cycle is still open, they win on enrolling; otherwise the next enrolled creator to cross the target wins.

7.5 Verification

Reaching the target makes you a provisional winner. Before any payment we will: review your polls' vote history for compliance with sections 6 and 7.3; require a copy of government-issued photo ID matching your enrollment name; require a completed IRS Form W-9 (or equivalent); and may require a signed affidavit of eligibility and release. You have 14 days from our request to supply these. Failure to do so, or a failed review, forfeits the prize, and the cycle continues as if the target had not been reached.

7.6 Payment

We pay the prize by the method you chose at enrollment within 30 days after verification is complete. Prizes are not transferable and may not be substituted by the winner. We may substitute a prize of equal or greater value only if the stated prize becomes unavailable for reasons beyond our control.

7.7 Taxes

The winner is solely responsible for all taxes on a prize. Prizes of $600 or more are reported to the IRS on Form 1099, which is why we need the W-9. We do not withhold taxes unless the law requires it.

7.8 Publicity

By accepting a prize you agree that we may publish your username, avatar, the winning polls, and your city and state, on the Platform and in our marketing, without further compensation. We will not publish your legal name or contact details without your separate written consent.

7.9 Changes, suspension and cancellation

We may change the target, the prize amount or the rules for future cycles at any time by updating the Platform. We may pause, extend or cancel a current cycle if fraud, technical failure, legal requirement, or any cause beyond our reasonable control makes it impossible to run the cycle fairly as designed. If we cancel a cycle, no prize is awarded for it, and we will say so on the Platform.

7.10 Disputes about the prize

Our decisions on eligibility, vote validity, and who reached the target first are final, but you may ask us to reconsider within 30 days of a decision by writing to win@mynextvote.com with your reasons. Any dispute that remains is resolved under section 16.

7.11 Odds and past winners

There are no "odds" — this is not a sweepstakes or lottery — and the outcome depends entirely on the votes your polls attract. A list of winners by username for the past twelve months is available on request to win@mynextvote.com.

9. Email

We send two kinds of email: service email (password resets, prize notices, changes to these Terms), which you receive as long as you have an account; and marketing email (tips, updates), which you receive only if you consented and can stop with one click at any time. We never send email on your behalf and we never share your address for others' marketing.

10. Our intellectual property

The Platform — its code, design, name, logo, text we wrote, and the compilation of polls and results — belongs to Moon Tree Farm and is protected by copyright and trademark law. You may use it only through the interfaces we provide. You may not copy, scrape, frame, reverse-engineer, or build a competing product from it. "MyNextVote" and the MyNextVote logo are trademarks of Moon Tree Farm.

12. Suspension and termination

We may suspend or terminate your account, remove your Content, and disqualify you from any prize, at any time, with or without notice, if we believe you have breached these Terms, created risk or legal exposure for us, or if the Platform is discontinued. You may stop using the Platform at any time and may ask us to delete your account under the Privacy Policy. Sections 5 (licence, to the extent stated), 7.5–7.10, and 13 through 18 survive termination.

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MOON TREE FARM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT VOTE COUNTS WILL BE FREE OF FRAUD, OR THAT ANY POLL WILL REACH ANY TARGET. POLLS AND THEIR RESULTS ARE USER-GENERATED AND ARE NOT STATEMENTS OF FACT BY MOON TREE FARM.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOON TREE FARM AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL OR OPPORTUNITY, ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS, HOWEVER CAUSED. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) THE AMOUNT OF ANY PRIZE YOU HAVE BEEN VERIFIED AS HAVING WON AND NOT BEEN PAID. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, IN WHICH CASE THEY APPLY TO THE EXTENT PERMITTED.

15. Indemnification

You will defend, indemnify and hold harmless Moon Tree Farm and its owners, employees and contractors from any claim, loss or expense (including reasonable attorneys' fees) arising from your Content, your use of the Platform, your breach of these Terms, or your violation of any law or the rights of any person.

16. Disputes and arbitration

Please read this section carefully. It affects your legal rights, including your right to go to court and to bring a class action.

16.1 Talk to us first. Before starting any formal proceeding, you agree to send a written description of the dispute to win@mynextvote.com and give us 30 days to resolve it. Most disputes end here.

16.2 Binding arbitration. Any dispute between you and Moon Tree Farm arising from or relating to the Platform, the prize program, or these Terms that is not resolved under 16.1 will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Clay County, Florida, or by video or telephone if you prefer, before a single arbitrator. The arbitrator's award is final and may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this section.

16.3 Small claims. Either of us may instead bring an individual claim in small-claims court if it qualifies.

16.4 No class actions. You and Moon Tree Farm each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate claims of different users.

16.5 Opt-out. You may reject this arbitration agreement by emailing win@mynextvote.com with the subject "Arbitration opt-out", your username and a statement that you opt out, within 30 days of creating your account. If you opt out, section 17 governs where disputes are heard.

16.6 Severability. If the class-action waiver in 16.4 is found unenforceable for a particular claim, that claim (and only that claim) will be heard in court under section 17, not in arbitration.

17. Governing law

These Terms are governed by the laws of the State of Florida and applicable federal law of the United States, without regard to conflict-of-law rules. Subject to section 16, any court proceeding will be brought exclusively in the state or federal courts located in Clay County, Florida, and you consent to their jurisdiction.

18. General

19. Contact

Moon Tree Farm · 4516 Marilyn Ct, Keystone Heights, FL 32656 · win@mynextvote.com

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