General Terms of Use

Last Updated: January 15, 2026

Blitz Studios, Inc., and as applicable, its subsidiaries and affiliates (collectively, “Sleeper,” “we,” “our,” or “us”) own and operate the Sleeper mobile applications and website (www.sleeper.com), both through which we offer free-to-play games, paid-entry contests of skill, event contracts, and other games, tools, content, products and services (collectively, the “Services”). Before accessing or using the Services, please read these General Terms of Use and any additional terms, rules, guidelines and conditions issued, from time to time, by Sleeper (collectively, the “Terms”) carefully.

By creating an account or otherwise accessing and using the Services, you as the account owner or user (hereafter “you”, “yours”, or “user”) agree that you have received, understood and are bound by these Terms, our Privacy Notice, and all applicable rules that may be published on the Services by Sleeper, as well as any applicable contest and/or promotion terms and conditions, which form a legal agreement between you and us.

Sleeper Markets LLC, a subsidiary of Blitz Studios, Inc., is registered with the Commodity Futures Trading Commission ("CFTC") as a futures commission merchant ("FCM"). As an FCM, we are regulated by the CFTC and the National Futures Association ("NFA"), an industry-wide self-regulatory organization ("SRO"). You can access and read our Risk Disclosure for Cleared Swaps Customers by clicking the hyperlink. Additional disclosures regarding Sleeper's activities as an FCM are included below.

IMPORTANT NOTICES:

THESE TERMS INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER, OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST SLEEPER FROM ANY PAST, PRESENT, AND/OR FUTURE USE OF TRACKING SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF META PIXELS, "COOKIES," "GET REQUESTS," AND/OR JAVASCRIPT IN HTML CODE OF SLEEPER'S WEBSITE/MOBILE PLATFORM THAT INTERCEPTS, TRACKS, STORES, AND/OR ANALYZES YOUR INTERACTIONS WITH SLEEPER'S WEBSITE/MOBILE PLATFORM FOR PURPOSES OF OBTAINING DATA OR TARGETED ADVERTISEMENT ARE HEREBY FULLY WAIVED, RELEASED, AND COMPROMISED, TO THE FULLEST EXTENT LEGALLY PERMISSIBLE.

THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES, AND DISCLAIMERS OF LIABILITY THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. IF YOU DO NOT AGREE TO THIS COLLECTION OF TERMS, THEN DO NOT USE THE SERVICES. PLEASE READ THEM CAREFULLY.

1 THESE TERMS

1.1 You represent and warrant that you have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them prior to checking any box and/or confirming your agreement to the Terms.

1.2 By accessing or using the Services, you represent and warrant that you are the minimum age required to use each game, contest, or other feature within the Services that you access or use. All users of the Services, except for users participating in contests and promotions, must be at least 13 years of age and have parental consent (if under the age of 18) to use the Services. All users must review and agree to the Privacy Notice and its included COPPA Notice prior to using any of the Services.

Sleeper verifies applicable accounts for age and eligibility using applicable legal guidelines. If minors (as defined under applicable statute) have access to your computer or mobile device, please consider adding parental controls to prevent access to Sleeper’s Contests or other promotions that require users to be at least 18 years of age.

1.3 We reserve the right, at our sole discretion, to make changes to these Terms at any time. If we supplement, supersede, or make changes to these Terms, such amended Terms will be posted here, and will take effect immediately, unless otherwise stated. We may, but shall not be required, notify you by e-mail or other means regarding any material changes to these Terms. Whether you receive or review such notice, you agree that you will be bound by any such changes and that it is your responsibility to check these Terms, as well as our Privacy Notice, as posted prior to accessing and/or using the Services. Your further use of the Services after any such changes are posted shall constitute further consent and agreement to the Terms as changed or amended.

2 USING THE SERVICES

2.1 You must create an account to access the Services. You agree to provide accurate, current and complete information about yourself and to maintain and promptly update any account information to keep it accurate, current, and complete. Depending upon which Services you wish to access, you understand and agree that we may require you to verify your identity, as required by applicable law. Only one (1) account per verified person is permitted. Your account is unique to you and non-transferrable. For the avoidance of doubt, you may not “co-own” an account with another person or entity. You may not use a username for your account that promotes a commercial venture or a username that we determine, in our sole discretion, is offensive or otherwise violates these Terms. We may require you to change your username or may unilaterally change your username without notice to you, in our sole discretion.

2.2 You are also solely responsible for maintaining the confidentiality of your account, including protecting your login credentials and restricting access to your devices. You agree that you shall take all steps necessary to protect your login details and keep them secret. You accept responsibility for all activities that occur under your account and/or from your devices. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. Your password must, at a minimum: a) not contain your e-mail, b) have at least 8 characters, and c) have 2 of the following: 1 letter (case sensitive), 1 number, and 1 special character (i.e. !@#$%^&*).

2.3 You consent to transact with us electronically and receive legal notices and other communications electronically, including by e-mail, text messaging, push notifications (in accordance with your device settings), and/or by notices posted on the Services. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Services and said electronic communications.

2.4 You are solely responsible for ensuring your eligibility to participate in any of our Services, including but not limited to Contests (as defined below). Any use of Services for which you are not eligible shall void any rights to which you may otherwise be entitled pursuant to these Terms.

2.5 You acknowledge and agree that we may monitor, and record communications related to Service usage and geographic location information for any reason, including and without limitation, in order to ensure compliance with applicable laws and regulations. In the event you are noncompliant or deemed ineligible in our sole and absolute discretion, we reserve the right to i) report unusual or suspicious activity to the proper authorities; ii) terminate, suspend, or restrict your access to your account; iii) restrict your access to the Services for which you are deemed ineligible; and/or iv) disable your use of a portion of the Services to the maximum extent allowable by law, including but not limited to funding tools such as the Sleeper Wallet.

2.6 Specific rules, controls, and guidelines for each service, game or contest offered on the Services can be found on our website and/or within the game or contest. Such rules, controls and guidelines form part of these Terms and are incorporated herein. You also agree that any supplemental or additional terms that apply to the use of any game, contest, or other feature offered on the Services form a part of these Terms, and you agree that you shall comply with any such supplemental or additional terms, rules, controls, and guidelines in respect of each individual game or contest which you choose to access and/or play through the Services.

2.7 Sleeper reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, content, or game variant), whether temporarily or permanently at any time for any reason. You agree that Sleeper shall not be liable to you or any third-party for any modification, suspension, or discontinuation of the Services.

2.8 You agree that the sole and specific purpose of creating an account on Sleeper is to participate in Sleeper’s Services.

2.9 Certain portions of the Services may include integrated, third-party products and/or services (each a "MINI"). Sleeper does not own, operate, maintain, service, or operate any MINI, nor is Sleeper in any way responsible for any MINI's performance. You understand and agree that by using any MINI on Sleeper's platform you are agreeing to the terms and conditions of the third-party who owns and/or operates that MINI (as applicable). You understand and agree that should you be participating in any fantasy sports league (or other part of Sleeper's platform) where a MINI is being used, and you do not wish to utilize or otherwise be exposed to said MINI, you agree to remove yourself from said league or other part of Sleeper's platform. You understand that Sleeper does not in any way guarantee, in whole or in part, the availability or usability of any MINI, nor does Sleeper in any way guarantee that any such MINI shall be free from defect, bug, virus, and/or other similar issue. You agree to submit any and all questions, comments, or concerns you have regarding any MINI to that MINI's third-party owner. You understand and agree that the use of any MINI is undertaken at your sole risk and that you will not hold Sleeper liable or responsible for any loss related to your use of a MINI and/or your exposure to a MINI.

3 SLEEPER WALLET & PAYMENT TERMS

3.1 You may be eligible to link your bank account and/or a credit card to your Sleeper account in order to create a wallet (a “Sleeper Wallet”). Your Sleeper Wallet can be used to fund participation in certain Services we offer to eligible users, such as our Contests (as defined below).

3.2 In order to setup and use a Sleeper Wallet, you must:

· Be a legal resident of the United States or Canada;

· Be at least 18 years of age (In order to access Contests, depending upon your jurisdiction, you may be required to be 19 or 21);

· Be physically located in one (1) of the fifty (50) states (or the District of Columbia), or one of the provinces of Canada (In order to access Contests, you must not be located in an "Excluded State." Please visit the link to see the most current list of Excluded States, which may change from time to time without notice);

· Possess a valid tax identification or social security number;

· Possess (and have the authority to utilize) a valid bank account or credit card issued by a financial institution in the United States (subject to our availability to accept certain forms of payment); and

· Undergo (and pass) an identity/background verification check.

3.3 By inputting a payment method (for a Sleeper Wallet or otherwise), you represent and warrant that you are the lawful owner of the payment method account. If you elect to save a payment method to the Services, you agree that your bank or card information will be saved for future transactions on your account, and you provide authorization to be charged for agreed upon payments. Our payment processing partners may have their own terms and conditions and you should ensure that you agree with these prior to making any payment(s). If your transaction with our payment processing partners is not successful, then your payment will not be fulfilled. Depending on which financial institution you use, additional charges may be issued by your financial institutions as we have no control over such charges nor accept liability for them.

3.4 You agree that all payments are final and that we are under no obligation to refund any transaction once a payment has been made, subject to applicable law. For these purposes, a payment is complete at the time our servers validate your payment and successfully credit your account on our servers. Deposits made into your Sleeper Wallet will appear on your statement as SLEEPER. In the case of a dispute regarding the identity of a user submitting payment, that payment will be deemed to have been submitted by the user in whose name the respective individual account was registered.

3.5 If your Sleeper Wallet has no activity for twenty-four (24) consecutive months, it may be considered inactive. Sleeper may assess a monthly fee of $4.99 to maintain inactive wallets until it is reactivated by entering Contests, making a deposit, or withdrawing funds. Prior to deducting any fees due to wallet inactivity, Sleeper will provide you at least thirty (30) days-written notice.

3.6 Once a Sleeper Wallet is legally found to be abandoned, as determined by each jurisdiction’s applicable law, it will be considered so, and Sleeper may be required to remit the abandoned funds to the appropriate state agency as unclaimed property. Sleeper reserves the right to deduct fees associated with the delivery of abandoned funds subject to applicable law.

4 DIGITAL CURRENCY PLATFORM REQUIREMENTS AND NOTICES

4.1 Users may, at their sole risk, access and use the services offered by Sleeper’s digital currency platform partner Zero Hash, LLC and/or Zero Hash Liquidity Services LLC, both of which are registered money services businesses with U.S. Financial Crimes Enforcement Network (as well as state-licensed money transmitters) and one of our third-party financial infrastructure providers (herein collectively, “Zero Hash”), in order to utilize their fiat-to-digital currency and digital currency-to-fiat transaction services. A full list of Zero Hash’s licenses and state disclosures can be found on the Zero Hash website HERE and HERE. You must first open a digital currency account with Zero Hash in order to use the digital currency services. By registering your digital currency account with Zero Hash, you agree that you have read and agree to Zero Hash’s User Agreement, Terms of Service, Third-Party Transaction Disclosures, General Risks of Digital Assets, Privacy Policy, and all other policies, requirements and guidelines posted or enacted by Zero Hash, including but not limited to those found HERE, as updated from time-to-time in Zero Hash’s sole discretion. Zero Hash’s digital currency services may not be available in all jurisdictions.

4.2 If you do not agree to the policies, terms and conditions linked in the previous paragraph, as well as the additional requirements found in this section, you should not register your digital currency account with Zero Hash or access or use its services.

4.3 When you initiate a transaction on the Sleeper platform to purchase or sell digital assets via Zero Hash, you are instructing Sleper to communicate your intent to Zero Hash and, where applicable, to a third-party payment services provider involved in your transaction. Specifically:

· Deposits to Sleeper via Zero Hash: If you convert digital assets into fiat currency through Zero Hash, the resulting USD (or supported fiat currency) will be held by Zero Hash and then transferred to your Sleeper Wallet. This transfer is subject to the operational and compliance procedures of Zero Hash; and

· Withdrawals from Sleeper via Zero Hash: When you request a withdrawal of fiat funds from your Sleeper Wallet to Zero Hash, you are instructing Sleeper to initiate a transfer of funds from your Sleeper Wallet balance to your designated account at Zero Hash. Once the funds arrive at Zero Hash, they will be subject to the custody and use policies of Zero Hash, including any applicable conversion or withdrawal mechanisms they support.

Sleeper does not control, hold, or custody any digital assets involved in these transfers. Sleeper does hold USD that was deposited from Zero Hash and is currently held in your Sleeper Wallet.

4.4 You hereby authorize Sleeper to provide Zero Hash any of your personally identifiable information maintained in connection with your Sleeper account, and to continue sharing such information, and revisions or additions thereto, with Zero Hash on an ongoing basis until your cryptocurrency account is either closed or terminated in accordance with Zero Has’s policies.

4.5 You understand and agree that digital assets offered by Zero Hash and its affiliates are not covered by any regulated insurance scheme (including, but not limited to, the Federal Deposit Insurance Corporation (FDIC) or Securities Investor Protection Corporation (SIPC)) or any private insurance policy.

4.6 You understand and agree that when you submit a withdrawal transaction to Zero Hash or its affiliates through the Sleeper platform: i) Zero Hash and its affiliates will not be responsible for any digital asset which is sent to an external address in accordance with your or Sleeper’s instructions; and ii) once a digital asset is sent to an external address, the digital asset is outside of Zero Hash’s or its applicable affiliates’ custody and control and the transfer cannot be reversed.

4.7 You understand and agree that your digital currency account is self-directed, you are solely responsible for any and all transfers, purchases, and/or order placed through your cryptocurrency account, and all such transfers, purchases, and/or orders are based on your own investment decisions. You understand and acknowledge that you have not received and do not expect to receive any investment advice from Sleeper, or any of its affiliates, in connection with your digital currency account. You further understand and acknowledge that under no circumstances will your access to the Services and/or use of Zero Hash’s services be deemed to create a relationship that includes the provision or tendering of investment advice. You acknowledge that neither Sleeper, nor any of its affiliates, nor any of its or their employees, agents, principals, or representatives: i) provide investment advice in connection with your digital currency account; ii) recommend any digital currencies, cryptocurrencies, digital currency/cryptocurrency transactions, or orders; or iii) solicit orders. To the extent research materials or similar information are available through Sleeper’s services, you hereby understand and acknowledge that these materials are intended for informational and educational purposes only and do not constitute a recommendation by Sleeper to enter into any transactions or to engage in any investment strategies.

5 PAID-ENTRY CONTESTS OF SKILL

5.1 The Services include paid-entry contests of skill where you may win cash prizes (“Contests”). Contests are games of skill and are not games of chance. Winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules.

5.2 Contest results and prize calculations are based on the final statistics at the completion of the last applicable sporting event of each individual Contest. Once Contest results are reviewed and graded, prizes may be awarded.

5.3 We encourage you to read the official rules that govern each of our Contests, as they form and are a part of these Terms. In the event of any ambiguity between these Terms and the official rules, the official rules shall take precedence.

5.4 Please consult our Responsible Play page for information on self-exclusion, limits on play, help with addictive behavior, and other related items.

5.5 By depositing funds or entering a Contest, you agree to provide us (and our relevant third-party vendors) with certain personal information, including but not limited to a valid mailing address, date of birth, social security number, and any other information we or they may require in order to perform appropriate identity checks and comply with applicable rules and regulations. If we are unable to verify your identity to our satisfaction, we reserve the right to suspend your account and withhold any funds until such time as we are able to successfully verify your identity.

Eligibility

5.6 You represent and warrant that, throughout any period in which you access or participate in the Contests, you satisfy any eligibility criteria associated with such Contests, which may vary by jurisdiction. Without limitation, you represent and warrant that:

· You are at least 18 years of age or older, depending on the regulations of your applicable jurisdiction (certain jurisdictions require users to be at least 19 or 21 years of age);

· You are a citizen or resident of the United States of America or Canada and have an address in the United States of America or Canada;

· You are, at the time of Contest entry, physically located in a state where Sleeper offers Contests and not located in an "Excluded State" (please check this list continually, as locations where Contests are made available may change);

· You have a Sleeper Wallet (see above);

· You will abide at all times by these Terms and any other agreements between you and Sleeper regarding your use of the Services;

· Any funds you deposit are done so with the sole purpose of using them to properly participate in the Contests;

· You are not listed on any governmental list of prohibited, restricted, or self-excluded individuals as it relates to fantasy sports; and

· You are not subject to backup withholding tax because: a) you are exempt from backup withholding; b) you have not been notified by the Internal Revenue Service (the “IRS”) that you are subject to backup withholding as a result of a failure to report all interests or dividends; or c) the IRS has notified you that you are no longer subject to backup withholding.

If Sleeper, in its sole and absolute discretion, determines that you do not meet the eligibility requirements listed above, then you are not authorized to enter Contests. Sleeper may require that you provide proof of eligibility according to these Terms prior to entering a Contest, receiving a prize, making a deposit, and/or withdrawing funds. This includes by requiring an affidavit of eligibility or other verification information.

5.7 If you are located in an Excluded State, you are still eligible to open an account and engage in certain other Services and/or activities offered by Sleeper.

5.8 Sleeper employees shall be eligible to enter private, employee-only contests where no member of the public has also entered, to the extent allowed by applicable law. These are not considered Contests under these Terms.

5.9 You understand and agree that regardless of any other eligibility criteria being satisfied, that the following individuals are prohibited from entering a Contest:

· An employee or operator of any daily fantasy sports contest platform including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;

· Any individual who has had access to any pre-release or confidential information that is not available to all other entrants of the applicable Contest and which would provide that individual with an unfair advantage in such Contest, including but not limited to the following types of information: injury, lineup/player availability, daily fantasy sports/sports betting/paid-entry fantasy sport operator information, and/or information from a sports governing body, team, league, player, physician/medical professional, official, sports agent/representative and/or union representative (“Insider Information”);

· An employee of a sponsor, consultant, and/or supplier of Sleeper or any other daily fantasy sports, sports betting, and/or paid-entry sports platform that has access to Insider Information or otherwise receives an advantage in the entrant's participation in a Contest;

· An employee, operator, or consultant to a sports governing body, league, team, and/or daily fantasy sports oversight body, where such employee, operator, or consultant is prohibited from participating in Contests by the sports governing body, league, team, and/or daily fantasy sports oversight body;

· A professional athlete, sports agent, coach, team owner (5% or higher ownership interest), team employee, referee or league official or employee, or an Immediate Family Member of a professional athlete, sports agent, coach, team or league owner (5% or higher ownership interest), team employee, referee or league official or employee;

· A collegiate athlete, sports agent, coach, team employee, referee or league official or employee, or an Immediate Family Member of a college athlete, sports agent, coach, team employee, referee or league official or employee;

· A person who has self-excluded, or otherwise used Sleeper's limits on play tools to temporarily prohibit themselves, from entering Sleeper's Contests;

· A person prohibited from participating in the Contests as a result of being listed on any state-sponsored exclusion list, other self-exclusion list, and/or pursuant to court order;

· A person listed on any other form of government list of prohibited and/or restricted parties; and/or

· A person deemed ineligible, in the sole and absolute discretion of Sleeper, as a result of their violation of a fantasy sports law/rule/regulation, Contest rules and/or requirements, Contest promotion rules and/or requirements, these Terms, and/or the Privacy Notice.

Additional Terms

5.10 Your deposits and winnings after Contests are completed are held in a separate, segregated bank account (the ”Segregated Account”) held by Sleeper Wallet, LLC, a legally separate and independent subsidiary of Blitz Studios, Inc. Withdrawals which will be made from this Segregated Account, and checks issued from the Segregated Account, may bear the name Sleeper Wallet, LLC. Vendors, users, and creditors shall be made aware that the funds in the Segregated Account are the property of Sleeper Wallet, LLC and do not belong to Blitz Studios, Inc., and are not available to creditors of Blitz Studios, Inc., except for users whose funds are held in such account. Blitz Studios, Inc. and Sleeper Wallet, LLC are prohibited from commingling funds held by Blitz Studios, Inc. and funds belonging to Sleeper Wallet, LLC held in the Segregated Account.

5.11 We will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. Users are subject to an automated Know Your Customer (“KYC”) verification process provided whenever a user attempts to withdraw funds. This process asks a series of multiple-choice questions about the person's life, which may include but not be limited to known relatives, previous addresses, and requiring the entrance of the last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a customer, we can and do require our users to produce a copy of their driver's license, credit cards, utility bills and/or passport for identity verification. If a user cannot validate their identity and account, we will withhold winnings, return remaining deposits to their original source, and block future activity.

5.12 Users who believe that funds held in Sleeper Wallet accounts with us have been misallocated, compromised or otherwise mishandled may do so by e-mailing [email protected].

5.13 A player can request to withdraw funds from their Sleeper Wallet account at any time and such requests will be honored in accordance with applicable law. Requests for withdrawal ay be delayed and/or denied in any instance where suspicious activity is detected. A request for withdrawal will be considered honored if it is processed by us but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.

5.14 Sleeper may limit the amount a user can deposit for use in Contests, including in accordance with state-imposed deposit limits. Sleeper reserves the right to impose an inactive account fee with advance notice through an update to these Terms or other communication to you. Upon request, you agree to complete an affidavit of eligibility, a liability/publicity release (unless prohibited by law), appropriate tax forms and provide forms of identification, and/or information relating to payment/deposit accounts as reasonably requested to complete verification (and prior to any withdrawal). We reserve the right to notify appropriate governmental authorities if we determine, in our sole and absolute discretion, that such use may be a violation of law or is otherwise irregular, regardless of Sleeper returning any prize monies.

5.15 We limit access to the Contests in the Excluded States. If you attempt to participate in any Contest while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, in which case we may take any action which we deem necessary. You hereby acknowledge and agree that you will hold us harmless from and against any damages you suffer arising out of or related to any remedial action exercised against you, including but not limited to restriction or prohibition of your participation in the Contests.

5.16 When you complete the entry process to participate in a Contest, the amount of the entry fee for the applicable Contest that is listed or posted will be debited from your Sleeper Wallet account. Please click the following link for more information on Deposits and Withdrawals.

5.17 In the event of a disqualification or cancellation for any reason, Sleeper reserves the right to issue refunds or exchanges, in our sole and absolute discretion, without any restrictions as to the amount, timing, and/or method of delivery. We will endeavor to provide notification of such disqualifications or cancellations but are under no obligation to do so. Refunds, if issued, will be made available to you via your registered account. In select cases in which you submit requests for cancellation regarding your Contest entry fees prior to the start of the respective sporting events, but after the close of any offered cancellation window, Sleeper may choose to honor such requests, but is under absolutely no obligation to do so. Moreover, we reserve the right to deny any requests to cancel any and all forms of user-submitted payments, including entry fees, without limitation, in our sole and absolute discretion.

5.18 We reserve the right to move you and others from a Contest you have entered into a substantially similar Contest in our sole and absolute discretion. We reserve the right to deny you and others the ability to participate in any Contest for any reason and to cancel Contests at any time. In the event of a cancellation, entry fees will be refunded to you except as otherwise provided for in these Terms. You understand and agree that Sleeper reserves the right to adjust play and wallet limits, including but not limited to entry fee limits and payout multipliers, on an individual account basis and may do so for any reason.

5.19 Sleeper endeavors to ensure the accuracy and integrity of all Contests, player projections, and related gameplay data offered on its platform. However, on occasion, mechanical, technical, or human errors may occur. In such instances, Sleeper reserves the right to identify and address what it deems to be an obvious error.

An “obvious error” in this context means a mistake in a Contest offering, projection, and/or entry condition that a reasonable person would recognize as incorrect under the circumstances at the time of Contest entry. If an obvious error is identified, Sleeper may, in its sole discretion, take appropriate corrective measures. Such measures may include, but are not limited to: voiding impacted selections and/or entries, adjusting projections and/or scoring, and/or otherwise amending Contest conditions and/or results to reflect accurate and fair gameplay. Some examples of obvious errors include, but are not limited to:

· Entries submitted or Contests offered after a game or player outcome has commenced or been determined;

· Contests listing inaccurate player data, such as players not participating, or misidentified team assignments, positions, and/or statuses;

· Entries based on player designations that are materially incorrect (e.g. listing a player as active when they are inactive);

· Player projections or Contest parameters that are materially inconsistent with prevailing market standards at the time of entry;

· Statistical projections based on outdated or incorrect data inputs (e.g. a player shown with zero activity after the game has started); and/or

· Projections or fantasy point multipliers that are clearly erroneous relative to the expected outcome or market norms, excluding clearly designated promotional offers or enhanced multipliers.

Sleeper retains sole and final discretion in determining whether an obvious error has occurred and in implementing any remedial actions. You agree to notify us if you become aware of any errors or irregularities with respect to Contests and/or prize awards on your account and to cooperate with our efforts to reverse payments in the event of any errors.

5.20 We reserve the right to, without notice: i) terminate, suspend, and/or restrict access to your account; ii) withhold and/or revoke the awarding of prizes; iii) withhold or revoke the awarding of promotional funds/play-through credit; iv) claw-back unwarranted gains; and/or v) invalidate, forfeit, and/or deduct amounts from your Sleeper Wallet, should we determine in our sole and absolute discretion, that:

· You engage in conduct that is improper, unfair, fraudulent, or otherwise adverse to the operation of the Services or detrimental to other users or you otherwise are not in compliance with these Terms;

· Engage in illegal play of any kind;

· Falsify any personal information required to create an account, enter a Contest, and/or claim a prize;

· Collude with any other individual(s) or engage in any type of syndicate play;

· Sell, or otherwise exchange for any form of consideration, a promotion with another user;

· Enter any Contest while located in an Excluded State;

· Attempt to influence (or in fact influence) the play in any sporting event from which athletes are available for selection in Contests;

· Use our Services in any way that accumulates points or prizes through unauthorized methods such as unauthorized scripts or other automated means, or to cheat or design or assist in cheating;

· Maintain multiple accounts in order to increase your odds of winning and/or for any other purpose whatsoever;

· You do not meet eligibility requirements as outlined in these Terms; you fail to provide requested documentation and/or proof of eligibility and compliance within the requested time period; and/or you cannot validate your identity and account;

· There is a “chargeback” on one or more deposit(s) or with respect to any unused or abused bonuses or credits that were rewarded;

· You are depositing funds without the primary intention of using them in Contests;

· You exploit or manipulate a promotion, offer, or other mechanic set forth by us in order to improperly enrich yourself and/or someone else, or otherwise commit any form of bonus or promotion abuse;

· You, through any means, withdraw funds from your account that were labeled as "play-through" or otherwise had a play-through requirement, without in fact utilizing said funds though a contest; and/or

· We should do so in furtherance of fraud prevention or anti-money laundering efforts or for other legal purposes, such as (and by example only) if a relevant legal authority challenges the awarding of any prize(s).

5.21 When you receive a payment due to your participation in any Contest, you are liable to us for the full amount of the prize payment to you plus any fees if the payment is later invalidated or reversed for any reason. Should you violate any of the conditions set forth in these Terms, and such violation(s) result in your unjust enrichment, you hereby authorize us to process a charge to one of your stored methods of payment in order to allow Sleeper to recoup the amount of monies which were improperly obtained and/or withdrawn, if the balance in your Segregated Account does not cover the payment due plus any fees Sleeper may charge in its sole discretion.

5.22 Where applicable, Sleeper may pay out any withheld or revoked prizes to other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, as determined by Sleeper in its sole and absolute discretion.

5.23 Each year, all winners who have won six hundred dollars ($600.00) or more over the previous year must provide updated address and social security details to Sleeper so that we can comply with tax regulations. This information will be shared with relevant tax authorities. You, and not Sleeper, are responsible for filing and paying applicable local, state, federal, and international taxes on any winnings. We do not provide tax advice, nor should any statements in these Terms or on the Services be construed as tax advice. By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.

5.24 If you enter or become a winner of a Contest, you consent to the use of your name, voice, and likeness/photograph in the development, production, distribution, and/or exploitation of any Contest and/or other portions of the Services. You agree that from the date of notification of your status as a potential winner and continuing until such time when Sleeper informs you that you no longer need to do so, you will make yourself reasonably available to Sleeper for publicity, advertising, and promotion activities. You agree that Sleeper may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Sleeper. You further agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitutes complete compensation for your obligations under this paragraph, and that you shall receive no additional consideration for the fulfillment of these obligations.

5.25 Sleeper uses third-party data providers to provide sports data for our Contests. All “live” statistics and other information provided through the Services and related information sources are unofficial. While Sleeper and the third-parties use reasonable efforts to include accurate and up-to-date information, Sleeper cannot and does not guarantee the accuracy of the data used.

5.26 We reserve the right, in our sole and absolute discretion, to determine whether you are interacting with the Services in a responsible way in accordance with our responsible play policies and procedures. We shall permit you to set responsible play limits and to self-exclude. Notwithstanding the foregoing, we reserve the right, in our sole and absolute discretion, to impose stricter responsible play limits than those imposed by you and to exclude you, if we deem it necessary.

5.27 From time to time, we may institute promotional programs as an incentive to use our Services, including but not limited to entering Contests. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions.

5.28 Our promotional programs may include the delivery of play-through credit bonuses to users, meant to be used for additional Contest entries, based on certain criteria. Sleeper reserves the right to reclaim said bonuses if users do not use them to enter Contests within thirty (30) days (unless a longer or shorter time period is stated in promotion-specific terms as it relates to said delivery of play-through credit bonus, in which case, said time period applies) of their initial award and Sleeper may cancel user bonuses in the event the user violates these Terms and/or any terms and conditions applicable to the specific promotional program.

5.29 Users may gift or otherwise transfer certain promotional opportunities to other users. By using this gifting feature, you understand and agree that you are giving up any and all right to personally use and/or benefit from the promotion. You understand and agree that you shall not, in any way, transfer or gift a promotion to another user in exchange for any form of consideration. Any and all rules, terms, and/or conditions applicable at the time the promotion was transferred shall continue to apply after the promotion is transferred. In order to send or receive a promotion, users must have a verified Sleeper account and have passed our KYC program. Sleeper may, in its sole discretion, limit and/or otherwise restrict your ability to send and/or receive promotions with this tool.

5.30 You can obtain a copy of your account statement inside our app. Contact [email protected] for help with this feature.

5.31 We make no representation that participation in the Contests is lawful in any particular state and/or jurisdiction.

6 EVENT CONTRACTS

6.1 The Services include offering and accepting order for products that are subject to regulation by the CFTC. The offered products are currently limited to event contracts ("Contracts"), which are a type of cleared swap that are traded on a Designated Contract Maker ("DCM") and cleared through a Derivatives Clearing Organization ("DCO"), which are regulated by the CFTC. Event Contracts are also referred to as forecast or prediction contracts and their value is based on whether a specific event will occur at or before a specific time.

6.2 The Contracts are described by a "Yes" or "No" proposition. Customers purchase either the "Yes" or "No" Contract at prices between $0.01 and $0.99.

6.3 The Contracts are fully collateralized. This means that you must have the full amount of funds required to collateralize the Contract on deposit with Sleeper prior to placing the trade.

6.4 The outcome of a Contract is determined by the occurrence or non-occurrence of the reference event. Once the Contract expires, whichever Contract reflects the outcome of the event is entitled to receive the settlement value of $1.00, while the opposing Contract will expire with no value.

6.5 We encourage you to read the Risk Disclosure for Cleared Swaps Customers that describes the Contracts and the risks associated with trading them, as it forms and is a part of these Terms.

6.6 By depositing funds or trading a Contract, you agree to provide us (and our applicable third-party vendors) with certain personal information, including but not limited to a valid mailing address, date of birth, social security number, and any other information required in order to perform perform identity verification and comply with relevant laws. If we are unable to verify your identity to our satisfaction, we reserve the right to suspend your account and withhold any funds until such time as we are able to successfully verify your identity.

U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") Certification

6.7 You acknowledge that you are aware that Sleeper Markets LLC has OFAC sanctions compliance obligations. You also acknowledge that these Terms, your account, and any sub-accounts are subject to United States sanctions laws, rules, and regulations where you will not permit your account or sub-accounts to be used in a manner that would cause a violation of the above referenced laws, rules, and regulations. You also specifically represent and warrant that you have not been designated by OFAC as a specially designated national, that you have no reason to believe that you would be considered a blocked person by OFAC, and that you are not acting as an agent of any such person. To the extent that OFAC, via laws, rules, regulations, or executive order, has promulgated restrictive measures against a government or regime ("Sanctioned Regime"), you further represent and warrant that you are not employed by or acting as an agent of: (a) an entity owned or controlled by a Sanctioned Regime, (b) a government-controlled entity of a Sanctioned Regime, or (c) a government corporation of a Sanctioned Regime.

Further, you acknowledge and consent to Sleeper restricting your account and/or any sub-accounts and canceling any pending order to the extent Sleeper believes you are accessing these from: (a) a jurisdiction that is subject to comprehensives sanctions by OFAC or (b) any jurisdiction Sleeper has made a risk-based decision to restrict access to use of its Services. If this happens, please contact [email protected] and you may be asked to provide supplemental information as part of this process. Additionally, you agree that you will notify Sleeper and close your account and/or any sub-accounts before establishing residency in any jurisdiction subject to United States sanctions.

Sleeper is not liable for any losses, including but not limited to any trading losses, that you may suffer as a result of the foregoing.

Politically Exposed Person ("PEP") Certification

6.8 You represent and warrant that you are not a PEP. To the extent you are or become a PEP in the future while you hold your account or any sub-account, you represent and warrant that you will immediately notify Sleeper and subject yourself to any due diligence measures deemed appropriate by Sleeper. A PEP is an individual who is/was or is an immediate family member (spouse, parent, sibling, children, in-law, or dependent) or close associate (someone who is closely connected to the individual either socially or professionally) of: (a) a senior official in the executive, legislative, administrative, military, or judicial branches of a non-United States government (whether elected or not); (b) a senior official of a major non-United States political party; (c) a senior executive of a non-United States government-owned entity; or (d) a foreign individual who was or has been entrusted with a prominent public function. A senior official or executives includes, but is not limited to, an individual with substantial authority over policy, operations, or the use of government-owned resources.

Eligibility

6.9 You represent and warrant that, throughout any period in which you access or participate in the Contracts, you satisfy any eligibility criteria associated with such Contracts, which includes any applicable rules adopted by a DCM or DCO. Without limitation, you represent and warrant that:

· You are at least 18 years of age or older;

· You are a citizen of the United States of America and have an address in the United States of America;

· You have a Sleeper Wallet (see above);

· You will abide at all times by these Terms and any other agreements between you and Sleeper regarding your use of the Services;

· Any funds you deposit with Sleeper Markets LLC are done so with the sole purpose of using them to properly collateralize the Contracts;

· You are not prohibited from trading on the futures, options, or swaps markets regulated by the CFTC under the Commodity Exchange Act ("CEA"); and

· You are not subject to backup withholding tax because: (a) you are exempt from backup withholding; (b) you have not been notified by the IRS that you are subject to backup withholding as a result of a failure to report all interests or dividends; or (c) the IRS has notified you that you are no longer subject to backup withholding.

If Sleeper, in its sole and absolute discretion, determines that you do not meet the eligibility requirements listed above, then you are not authorized to trade Contracts. Sleeper ay require that you provide proof of eligibility according to these Terms prior to placing an order for a Contract, making a deposit, and/or withdrawing funds. This includes by requiring an affidavit of eligibility or other verification method.

6.10 If you are located in an Excluded State as discussed above, you are still eligible to open an account and engage in certain other Services and/or activities offered by Sleeper, potentially including Contracts.

6.11 You understand and agree that regardless of any other eligibility criteria being satisfied, that the following individuals are prohibited from trading Contracts:

· Any individual who has had access to any pre-release or confidential information that is not available to all other DCM participants and which would provide that individual with an unfair advantage , including but not limited to the following types of information: injury, lineup/player availability, daily fantasy sports/sports betting/paid-entry fantasy sport operator information, and/or information from a sports governing body, team, league, player, physician/medical professional, official, sports agent/representative and/or union representative ("Contracts Insider Information");

· An employee of a sponsor, consultant, and/or supplier of Sleeper or any other DCM, DCO, FCM and/or similarly situated entity that has access to Contracts Insider Information or otherwise receives an advantage in the customer’s Contract trading;

· An employee, operator, or consultant to a sports governing body, league, and/or team, where such employee, operator, or consultant is prohibited from trading Contracts by the sports governing body, league, and/or team;

· A professional athlete, sports agent, coach, team owner (5% or higher ownership interest), team employee, referee or league official or employee, or an Immediate Family Member of a professional athlete, sports agent, coach, team or league owner (5% or higher ownership interest), team employee, referee or league official or employee;

· A collegiate athlete, sports agent, coach, team employee, referee or league official or employee, or an Immediate Family Member of a college athlete, sports agent, coach, team employee, referee or league official or employee;

· A person prohibited from trading Contracts as a result of being listed on any state-sponsored or federal-sponsored exclusion list, Sleeper's Contracts self-exclusion list, other self-exclusion list, and/or pursuant to court order;

· A person listed on any other form of government list of prohibited and/or restricted parties; and/or

· A person deemed ineligible, in the sole and absolute discretion of Sleeper, as a result of their violation any law/rule/regulation, promotional rule/regulation, these Terms, and/or the Privacy Notice.

Additional Terms

6.12 Your deposits and profits after Contracts are settled are held in a separate, segregated bank account that is designated as a Cleared Swaps Customer Account (“Cleared Swaps Customer Account”) by Sleeper Markets LLC, at a depository consistent with applicable CFTC statutory and regulatory requirements. Pursuant to the CEA, the funds in the Cleared Swaps Customer Account are custodied by Sleeper Markets LLC for the benefit of its cleared swaps customers and do not belong to Blitz Studios, Inc. or any of its affiliates, and are not available to creditors of Blitz Studios, Inc. or any of its affiliates. Sleeper Markets LLC is prohibited from commingling the funds held on behalf of its cleared swaps customers with funds from any other source.

6.13 We will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. Customers are subject to our KYC verification process provided whenever a user attempts to withdraw funds. This process asks a series of multiple-choice questions about the person’s life, which may include but not be limited to known relatives, previous addresses, and requiring the entrance of the last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a customer, we can and do require our users to produce a copy of their driver’s license, credit cards, utility bills and/or passport for identity verification. If a user cannot validate their identity and account, we will withhold profits, return remaining deposits to their original source, and block future activity.

6.14 Customers who believe that funds held in the Cleared Swaps Customer Account with us have been misallocated, compromised or otherwise mishandled may do so by e-mailing [email protected].

6.15 A customer can request to withdraw funds from their account at any time and such requests will be honored in accordance with applicable law. Requests for withdrawal may be delayed and/or denied in any instance where suspicious activity is detected. A request for withdrawal will be considered honored if it is processed by us but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.

6.16 Sleeper may limit the amount a customer can deposit as collateral for Contracts, including in accordance with legally mandated deposit limits. Sleeper reserves the right to impose an inactive account fee with advance notice through an update to these Terms or other communication to you. Upon request, you agree to complete an affidavit of eligibility, a liability/publicity release (unless prohibited by law), appropriate tax forms and provide forms of identification, and/or information relating to payment/deposit accounts as reasonably requested to complete verification (and prior to any withdrawal). We reserve the right to notify appropriate governmental authorities if we determine, in our sole and absolute discretion, that such use may be a violation of law or is otherwise irregular, regardless of Sleeper returning any profits derived from Contract trading.

6.17 When you submit an order through Sleeper to trade Contracts, the amount of collateral required to make that transaction will be debited from your account and transferred to the DCO.

6.18 Sleeper is not liable for improper execution, clearance, or confirmation of your orders by persons who are not our employees or agents. The price at which an order is executed shall be binding notwithstanding the fact an erroneous report is made. An order that is executed but mistakenly reported as unexecuted is binding on you.

6.19 You acknowledge and agree that Sleeper Markets LLC has made no representation or guarantee to you that you will not incur losses in the account or that we will limit your losses. You further acknowledge and agree that Sleeper Markets LLC has made no representation to you that we will not call or attempt to collect required margin. You acknowledge and agree that you are fully liable for all losses you may incur from trading in your account and/or the open Contract positions held in your account.

6.20 You acknowledge and agree that Sleeper has no liability to you for delays in the transmission, clearance, or confirmation of your orders due to mechanical, electronic, or computer failure, market congestion, illiquidity, or other causes beyond our reasonable control.

6.21 You agree and acknowledge that we do not provide you with any trading or investment advice of any kind, whether oral or in writing or through our Website, app, or otherwise, including without limitation as to the nature, appropriateness, potential value or suitability of any transaction or investment strategy for your account, and that nor do we provide you with any tax or legal advice with respect to your trading or investments of any kind.

6.22 You further agree and acknowledge that:

· You are solely responsible for all orders placed for Contracts for your account;

· You will base all your trading decisions for your account solely on your own evaluation of your financial circumstances, investment objectives and suitability or appropriateness for you, without relying on any information or other statements Sleeper or our affiliates may provide;

· We make no representation or warranty as to the value, merits, or suitability of any orders you place for Contracts for your account;

· You will place all trades for your account directly yourself without the services of a third-party agent acting on your behalf unless you have expressly disclosed your use of such third-party agents to Sleeper in writing and we have granted our advance approval;

· We act solely as your broker in accordance with these Terms and have no discretionary trading authority or control over your account;

· We owe no fiduciary obligations to you and our duties and obligations to you are limited to those expressly set forth in these Terms;

· We are not otherwise acting as an agent or a fiduciary to you; and

· We have no financial or other obligations to you as principal under these Terms in connection with any transaction in your account.

6.23 We reserve the right to determine which Contracts we will offer to you for any reason and can change which Contracts are available to trade through Sleeper at any time. You understand and agree that Sleeper reserves the right to adjust trading volume limits, including but not limited to imposing limits on a Contract by Contract basis or based on the totality of a customer’s trading, on an individual account basis and may do so for any reason.

6.24 Sleeper endeavors to ensure the accuracy and integrity of all data offered on its platform. However, on occasion, mechanical, technical, or human errors may occur. In such instances, Sleeper reserves the right to identify and address what it deems to be an obvious error.

An “obvious error” in this context means a mistake in a Contract offering or market data that a reasonable person would recognize as incorrect under the circumstances at the time such information was communicated to the customer. If an obvious error is identified, Sleeper may, in its sole discretion, take appropriate corrective measures as appropriate. Some examples of obvious errors include, but are not limited to:

· Orders submitted or Contracts offered after a reference event’s outcome has been determined;

· Contracts listing inaccurate or erroneous information regarding the reference event; and/or

· Clear errors in market data regarding Contract pricing.

Sleeper retains sole and final discretion in determining whether an obvious error has occurred and in implementing any remedial actions. You agree to notify us if you become aware of any errors or irregularities with respect to Contracts, market data and/or credits and debits in your account and to cooperate with our efforts to reverse payments in the event of any errors.

6.25 We reserve the right to, without notice: (a) terminate, suspend, and/or restrict access to your account; (b) withhold or revoke the awarding of promotional funds/play-through credit; (c) claw-back unwarranted gains; and/or iv) invalidate, forfeit, and/or deduct amounts from your FCM account, should we determine in our sole and absolute discretion, that:

· You engage in conduct that is improper, unfair, fraudulent, or otherwise adverse to the operation of the Services or detrimental to other customers or you otherwise are not in compliance with these Terms;

· Engage in illegal transactions of any kind;

· Falsify any personal information required to create an account or trade Contracts;

· Collude with any other individual(s) or engage in any type trading that violates these Terms, the CEA, applicable DCM rules, applicable DCO rules, CFTC regulations, NFA rules, or any other applicable state or federal statute or regulation;

· Attempt to influence (or in fact influence) in the outcome of any reference event of an offered Contract;

· Maintain multiple accounts in order to evade any limitation on your trading Contracts and/or for any other purpose whatsoever;

· You do not meet eligibility requirements as outlined in these Terms; you fail to provide requested documentation and/or proof of eligibility and compliance within the requested time period; and/or you cannot validate your identity and account;

· There is a “chargeback” on one or more deposit(s) or with respect to any unused or abused bonuses or credits that were rewarded;

· You exploit or manipulate a promotion, offer, or other mechanism set forth by us in order to improperly enrich yourself and/or someone else, or otherwise commit any form of bonus or promotion abuse; and/or

· We should do so in furtherance of fraud prevention or anti-money laundering efforts or for other legal purposes.

6.26 If you withdraw funds on deposit with Sleeper Markets LLC for trading Contracts, you are liable to us for the full amount withdrawn plus any fees if the withdrawal is later determined to be invalid for any reason. Should you violate any of the conditions set forth in these Terms, and such violation(s) result in your unjust enrichment, you hereby authorize us to process a charge to one of your stored methods of payment in order to allow Sleeper to recoup the amount of monies which were improperly obtained and/or withdrawn.

6.27 Each year, all customers who have profited six hundred dollars ($600.00) or more over the previous year must provide updated address and social security details to Sleeper so that we can comply with tax regulations. This information will be shared with relevant tax authorities. You, and not Sleeper, are responsible for filing and paying applicable local, state, federal, and international taxes on any profits derived from trading Contracts. We do not provide tax advice, nor should any statements in these Terms or on the Services be construed as tax advice. By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.

6.28 Sleeper's market data is provided by Kalshi with respect to Contracts offered. Although Sleeper and Kalshi use reasonable efforts to include accurate and up-to-date information, Sleeper cannot and does not guarantee the accuracy of the data used.

6.29 We reserve the right, in our sole and absolute discretion, to determine whether you are interacting with the Services in a responsible way in accordance with our policies and procedures. Notwithstanding the foregoing, we reserve the right, in our sole and absolute discretion, to impose stricter trading limits than those imposed by you and to exclude you, if we deem it necessary.

6.30 From time to time, we may institute promotional programs as an incentive to use our Services. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions.

6.31 Our promotional programs may include the delivery of play-through credit bonuses to users, meant to be used for additional utilization of Services, based on certain criteria. Sleeper reserves the right to reclaim said bonuses if users do not use them within thirty (30) days (unless a longer or shorter time period is stated in promotion-specific terms as it relates to said delivery of play-through credit bonus, in which case, said time period applies) of their initial award and Sleeper may cancel user bonuses in the event the user violates these Terms and/or any terms and conditions applicable to the specific promotional program.

6.32 You can obtain a copy of your account statement inside our app. Contact [email protected] for help with this feature.

6.33 We make no representation that trading Contracts is lawful in any particular state and/or jurisdiction.

7 EVENT CONTRACTS REGULATORY DISCLOSURE

7.1 Overview. The CFTC requires each FCM, including us, to provide the following information to a customer prior to the time a customer first enters into an account agreement with the FCM or deposits funds with the FCM. Unless otherwise noted below, the information below is current as of the date set forth above. We will update this information annually and as necessary to take account of any material change to our business operations, financial condition, or other factors that we believe may be material to a customer’s decision to do business with us. Nonetheless, our business activities and financial data will change in non-material ways throughout the year.

7.2 Business Operations. Sleeper Markets LLC operates only in the United States. Our principal place of business is at 3960 Howard Hughes Parkway, Suite 500, Las Vegas, Nevada 89169. We may be contacted via telephone at 702-990-3522 and email at [email protected].

7.3 Principal Information. Information regarding each of our principal’s name, title, address, business background, and areas of responsibility and nature of their duties can be found here: NFA Background Affiliation Status Information Center.

7.4 The table below lists the approximate percentage of our assets and capital that are used in connection with each type of general business activity as of the date set forth above:

Please note: Sleeper Markets LLC's only asset and capital as of the date set forth above is cash, which is included in "Fixed and All Other Assets" above.

7.5 Business Activities. As an FCM, we engage exclusively in the execution and clearing of event contracts, which are a type of cleared swap under the CFTC’s regulations. We do not handle traditional futures, options on futures, or other types of swap transactions. We are a member of KalshiEX LLC (“Kalshi”), a CFTC designated contract market, and are authorized by Kalshi to intermediate customer orders on their platform.

We primarily serve retail customers who are individuals and do not intend to support institutional or commercial accounts, proprietary trading firms, or omnibus accounts of other FCMs. We will not engage in direct sales activities to customers. All customer trading activity will be self-directed. We will not engage in proprietary trading for our own account, nor will we service or support proprietary trading for our affiliates. We may open accounts for our employees or their families and will monitor their trading of event contracts consistent with CFTC regulations. We may also utilize house error accounts if and when appropriate. Our customers will be permitted to trade products listed on Kalshi. We do not intend to allow trading in over-the-counter products or cash markets. All of our capital supports our customer business. We maintain sufficient capital and excess regulatory capital to support our customer business. We generally maintain a ratio of Adjusted Net Capital to Regulatory Capital Required of between 100% and 110%.

7.6 Material Risks. Market risk is the potential for losses on investments due to fluctuations in market prices. Such fluctuations can affect the price of contracts, underlying instruments, rates, indices, volatilities, correlations or other factors, such as liquidity, and can result in losses for customer positions or portfolios. The Event Contracts offered by Sleeper Markets LLC are fully collateralized. This means that a customer will be unable to place a trade unless the full amount of the funds necessary to collateralize the transaction are on deposit with Sleeper Markets LLC. We are required to deposit all customer funds into a Cleared Swaps Customer Account in accordance with section 4d(f) of the CEA and CFTC Regulation 22.6 and to keep such funds segregated from Sleeper Market LLC’s proprietary funds. We are also required to maintain a Residual Interest Target Amount (“RITA”) in excess of the required segregated amount. We monitor risk 24 hours a day while event contract markets are open. Sleeper Markets LLC has controls in place to limit the firm from unsecured losses.

Liquidity risk is the risk that we fail to meet our day-to-day capital and cash flow requirements. The Finance department manages liquidity risk at Sleeper Market LLC. There are robust cash management policies, procedures, and stress tests that monitor liquidity daily to ensure we have sufficient resources to meet our margin and regulatory capital requirements of the CFTC. Sleeper Market LLC is permitted to invest segregated cleared swaps funds deposited by customers as permitted by CFTC Regulations 22.2 and 1.25(a).

7.7 Designated SRO. Our designated SRO is the NFA. Their website address is www.nfa.futures.org.

7.8 Listing of Any Material Administrative, Civil, Criminal, or Enforcement Complaints or Actions. There are no material administrative, civil, enforcement, or criminal complaints or actions against Sleeper Markets LLC at this time.

7.9 Customer Fund Segregation. The brief overview below was adapted from the Futures Industry Association (FIA) “Frequently Asked Questions of Protection of Customer Funds.” This can be viewed here.

FCMs may maintain up to three (3) different types of accounts for customers, depending on the products a customer trades: (a) a Customer Segregated Account for customers that trade futures and options on futures listed on US futures exchanges; (b) a 30.7 Account for customers that trade futures and options on futures listed on foreign boards of trade; and (c) a Cleared Swaps Customer Account for customers trading swaps that are cleared on a derivatives clearing organization (“DCO”) registered with the CFTC.

The requirement to maintain these separate accounts reflects the different risks posed by the different products. Cash, securities and other collateral (collectively, funds) required to be held in one type of account, e.g., the Customer Segregated Account, may not be commingled with funds required to be held in another type of account, e.g., the 30.7 Account, except as the CFTC may permit by order.

Sleeper will only be offering event contracts, which are a type of cleared swap. Therefore, at this time, we are only required to maintain a Cleared Swaps Customer Account on behalf of our customers.

Funds deposited with an FCM or otherwise required to be held for the benefit of customers, to margin swaps cleared through a registered DCO, i.e., Cleared Swaps Customer Collateral, are held in a Cleared Swaps Customer Account in accordance with the provisions of section 4d(f) of the Act and Part 22 of the CFTC’s rules. Funds required to be held in a Cleared Swaps Customer Account may be commingled in an omnibus account and held with: (i) a bank or trust company located in the US; (ii) a bank or trust company located outside of the US that has in excess of $1 billion of regulatory capital; (iii) a DCO; or (iv) another FCM. Such a commingled account must be properly titled to make clear that the funds belong to, and are being held for the benefit of the FCM’s Cleared Swaps Customers.

It should be noted that in the event of the insolvency of the firm or the insolvency of a foreign broker or foreign depository that is holding customer funds, customer funds held in foreign jurisdictions may be subject to a different bankruptcy regime and legal system than if the funds were held in the U.S. In addition, customers are also subject to fellow customer risk in foreign jurisdictions and that, for purposes of bankruptcy protection, a customer that trades only in one country or in one market is also exposed to fellow customer risk from losses that may be incurred in other countries and other markets.

7.10 Customer Complaints. A customer that wishes to file a complaint with the CFTC about Sleeper or one of our employees may do so by completing the appropriate form available at www.cftc.gov/complaint. A customer can also file a complaint with the NFA electronically or by calling 800-621-3570.

7.11 Financial Data. As a CFTC-registered FCM, Sleeper is required to disclose certain financial data in compliance with CFTC Regulation 1.17. Sleeper’s financial data, as of the date set forth above, and calculated in accordance with U.S. Generally Accepted Accounting Principles and CFTC Regulation 1.17 is set out below. Sleeper Market LLC's annual audited financial statements will be made publicly available on our website.

7.12 Summary of Risk Practices, Controls, and Procedures. Pursuant to CFTC Regulation 1.11(c)(1), Sleeper must establish, maintain, and enforce a system of risk management policies and procedures (the “Risk Management Program” or “RMP”) designed to monitor and manage the risks associated with the activities of Sleeper when acting in its capacity as an FCM.

Our RMP describes the principles, policies, and functional responsibilities for risk management across Sleeper’s business and establishes the common standards and reporting structure personnel are required to comply with to enable us to manage risks in a transparent and cohesive manner, consistent with CFTC regulations. Pursuant to CFTC Regulation 1.11(c)(4), we will furnish a copy of our written RMP to the CFTC and the NFA, upon request.

If an employee has any questions related to any of the policies or procedures established in the RMP, he or she should contact his or her manager or supervisor and/or Sleeper’s Chief Compliance Officer for clarification. All Sleeper employees should be aware that the potential penalties for failure to comply with the policies and practices described in the RMP may be severe, including, but not limited to, termination or suspension of employment and/or registration, increased surveillance and supervision, limitations on employment activities or opportunities, reduction of compensation, expulsion from the futures industry, and even imprisonment.

Sleeper also can be severely sanctioned for violations of applicable laws, rules, or regulations committed by its employees. As a result, each employee’s commitment to compliance must be permanent, thorough, and uncompromising.

The RMP will be reviewed annually, or when there is a material change to the business and/or regulatory requirements. As a result of these reviews, or through the normal course of business, we may identify opportunities to amend or update the RMP. In addition, communication regarding specific topics that relate to Sleeper’s futures business may be distributed from time to time and will be considered a part of these policies and practices. All Sleeper employees must read and immediately adhere to the policies and procedures contained in any such amendments or compliance communications.

The FCM RMP includes a supervisory system reasonably designed to ensure that the policies and procedures required by this section are diligently followed. Compliance and supervision over the RMP include annual testing of the program and record-keeping sufficient to evidence compliance and supervision.

7.13 Disclosures to Cleared Swaps Customers. Sleeper may clear swap transactions, or event contracts, for its clients as a clearing member of Kalshi. Kalshi is registered with the CFTC as a DCO. In compliance with the CFTC Regulation 22.16, we are advising you that in the unlikely event of Sleeper’s insolvency, customer rights would be determined pursuant to the commodity broker liquidation provisions of the US Bankruptcy Code and CFTC Part 190. However, if the DCO or the insolvency proceeding is outside the US, local insolvency law could affect a customer’s ability to recover funds and securities or the speed of any such recovery. DCOs have rules that govern the use of cleared swaps customer collateral, and/or the transfer, neutralization of risks, and liquidation of cleared swaps in the event of a default relating to a cleared swap customer account. For further details, please see KalshiEX’s Risk Disclosure (Section III).

7.14 We will contact, at least annually, to verify that the information previously obtained from you remains accurate and to provide you with an opportunity to correct and complete the information.

8 LICENSE AND INTELLECTUAL PROPERTY

8.1 As between you and us, we own the Services, including, without limitation, all software, text, graphics, tools, links, code, recommendations, and other content or material provided in or through use of the Services, and all worldwide intellectual property rights in the foregoing.

8.2 We grant you a limited, personal, revocable, non-transferable and non-exclusive right and license to access and use the Services, in accordance with these Terms, for your personal and non-commercial use, as the Services were intended to be used. Any software provided through or used to operate the Services is licensed, not sold, to you by us, and such license is limited to object code only. Please note that our Services contain software governed by the license of a third-party, and you agree to abide by the terms and conditions of the same by using the Services. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, distribute copies of, adapt, create derivative works based on, or otherwise inappropriately use the Services.

8.3 Any trademark, service mark, copyright, logo, tradename, and/or the like (collectively, the “Marks”) contained in the Services, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such Marks without our express written permission. Nothing in these Terms grants you any right to use our, or any third-party’s, Marks.

8.4 You may choose to provide Sleeper with feedback regarding the Services, including but not limited to the same being in the form of ideas, suggestions, proposals, and/or examples (whether the same is solicited by Sleeper or not) (collectively, the "Feedback"). You hereby agree to provide an exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sub-license, in connection with any and all of your relevant intellectual property and/or other rights in the Feedback, to Sleeper such that it may use, publish, disclose, display, perform, copy, make, sell, commercialize, and/or exploit (for payment or otherwise) the Feedback in any manner and via any medium that Sleeper chooses, without any requirement to reference You as a source or provide any consideration.

9 USER CONTENT

9.1 With respect to data, information, files and content you submit, post on, and/or make available through the Services (collectively, “User Content”), you grant us and our partners a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to use such User Content to manage, provide, monitor, repair, improve, promote, analyze and/or operate the Services, as well as for any other lawful purpose we desire. You are fully responsible for all User Content that you submit to us and agree not to provide User Content that violates these Terms. We are not responsible for any User Content and have no duty to monitor or protect your rights in any User Content that you may submit to us, but you do give us the right to enforce your rights in that content if we so choose, including but not limited to taking legal action (at our cost) on your behalf.

9.2 You use any information contained in User Content at your own risk. We have the right, in our sole discretion, but no obligation or duty, to monitor, review, edit, remove, delete, disable, refuse, restrict, and/or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. Where authorized by law, if you would like to request removal of User Content that you have posted to the Services, please notify us by e-mailing [email protected]. You acknowledge that even where we agree to remove User Content in accordance with applicable law, this may not result in complete or comprehensive removal of the User Content in question, from the Services.

9.3 Digital Millennium Copyright Act Notice: If you are a copyright owner, authorized to act on behalf of one, or authorized to act under exclusive right under copyright, please report alleged copyright infringements you discover through use of the Services by contacting us and including the following information:

· Identification of the copyrighted work claimed to have been infringed;

· Identification of the allegedly infringing material on the Services that is requested to be removed;

· Your name, address, daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

· A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

· A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

· An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

9.4 If you believe that material you posted on the applicable platform (mobile app or website) through the use of the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us, which must include:

· Your physical or electronic signature;

· An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);

· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

9.5 Notice of claims of copyright infringement on the Services (and counter-notices) should be sent to us via email at [email protected].

10 PROHIBITED CONDUCT

10.1 When accessing and/or using our Services, you agree that you will not: (a) use our Services for fraudulent or abusive purposes; (b) use our Services in violation of any applicable law, regulation, or requirement, and/or the intellectual property, privacy, or similar rights of us or any other person; or (c) otherwise take any action that you know or reasonably should know is improper, unfair, fraudulent, or otherwise adverse to the operation of the Service or in any way detrimental to us or other users. Without limitation, you agree not to:

· Create, or attempt to create more than one (1) account;

· Sell or otherwise transfer your profile;

· Sell, or otherwise advertise for sale, any goods and/or services, without the explicit written consent of Sleeper;

· Use an account that does not belong to you;

· Falsify any personal information required to: create an account or Sleeper Wallet, enter a promotion, and/or claim a prize;

· Use the Services for any illicit, illegal, and/or fraudulent purposes;

· Collude with any other individual(s) in an attempt to circumvent these Terms;

· Use our Services in any way that accumulates points or prizes through unauthorized methods such as unauthorized scripts or other automated means, or to cheat or design or assist in cheating;

· Disguise, anonymize, or hide your IP address and/or the source of any User Content that you may upload;

· Crawl or scrape the Services in any way, shape, or form, for any purpose whatsoever, without the express written consent of Sleeper;

· Monitor, use, or copy the Services and/or any content posted to the Services, including but not limited to information about or regarding other people that use our Services, or upload anything that collects information including but not limited to ‘pixel tags’ and cookies;

· Remove or amend any proprietary notices or other ownership information from our Services or attempt to decompile, reverse engineer, disassemble or hack any of our Services;

· Defeat or overcome any of our encryption technologies or security measures or otherwise circumvent technological measures designed to control access to, or elements of, our Services or upload or submit to the Services software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or in any way harm a Sleeper user and/or Sleeper;

· Use our Services for any commercial or business purpose or for the benefit of any third-party or to send unsolicited communications;

· Send any unlawful, threatening, abusive, harassing, defamatory, obscene, and/or otherwise objectionable messages;

· Impersonate any person or entity, and/or misrepresent your affiliation with any person or entity;

· Violate any portion of these Terms; and/or

· Abuse the Services in any way, including but not limited to, abusing Sleeper customer support and/or other employees.

10.2 If we have reason to suspect or learn that you are violating these Terms, we may investigate, prohibit any and all current or future use of the Services by you, and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation.

10.3 You further agree not to upload, communicate, transmit or otherwise make available any User Content: (a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; (b) that is or could be viewed as invasive of another's privacy; (c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; (d) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); (e) which infringes any intellectual property right or other proprietary right of others; or (f) which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation. We have the right to remove User Content from our Services if we decide in our sole and absolute discretion that it results in or is a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not have an obligation to actively monitor User Content and we make no undertaking to do so.

10.4 You understand and agree that Sleeper is in no way responsible for the content of messages sent using the Services, nor is Sleeper in any responsible for any User Content. The views and opinions expressed through chat messages and/or User Content are those of the individual users and do not reflect the views of Sleeper.

11 THIRD PARTY WEBSITES, ADVERTISEMENTS & CONTENT

11.1 We may, from time to time, present third-party advertisements, links, and/or access within the Services, and/or otherwise on our mobile applications and/or website (collectively, the “Advertisements”). We do not endorse, guarantee, and/or assume responsibility for any product, service, and/or content advertised or offered to you via the Advertisements, nor the same’s functionality or accuracy. You understand and agree that any interaction you may have with the Advertisements is done so at your sole risk.

11.2 Any charges and/or financial obligations you may incur as a result of your interaction with the Advertisements are your sole responsibility.

11.3 By accessing and/or interacting with an Advertisement, you accept that we do not exercise any control over the same and have no responsibility for them. The third-parties responsible for the Advertisements may collect data from you and/or solicit personal information from you upon your interaction with the Advertisements. Sleeper is not responsible for the privacy or security policies of these third-parties, nor are we responsible for their collection, use, and/or disclosure of any personal information those third-parties may collect.

11.4 You understand and agree that it is always best practice to first read and understand the terms of service and privacy policies applicable to any third-party website and/or platform you may access via the Advertisements before you access it. If you are not comfortable with a third-party’s terms of services and/or privacy policy, then you should not interact with that party’s Advertisement.

11.5 You understand and agree that Sleeper will not have any liability or responsibility to you or any other person for any third-party Advertisements, products, services, materials, websites, and/or platforms, whether accessed through our mobile application, website, Services or otherwise. Please note that the relevant third-party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part.

11.6 If you use any third-party social networking website or platform to discuss the Services (such as TikTok®, Facebook®, Instagram®, Reddit®, X®, SnapChat®, etc.), you acknowledge and agree that:

· Any content that you post on such social networking sites/platforms are subject to the relevant terms and conditions associated with the same;

· You will not post any comments or material that are false, misleading, deceptive, and/or defamatory to us, our employees, agents, officers, and/or users; and

· We are not responsible or liable for any comments or content that you or others post on such social networking sites/platforms.

12 WARRANTIES & DISCLAIMER

12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT) ARE PROVIDED ON AN ‘AS IS,’ ‘AS AVAILABLE,’ AND ‘WITH ALL FAULTS’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION OR THAT THE SERVICES SHALL BE AVAILABLE AT ALL TIMES OR BE FREE OF ERROR. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SECURITY OR SAFETY OF THE SERVICES OR ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE SERVICES (OR ANY STATISTICS, CONTEST RESULTS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES). YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING/USING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE RESULTING FROM ANY VIRUS, WORM, SPYWARE, TROJAN PROGRAMS, TIME BOMBS OR OTHER MALWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE MAKE NO REPRESENTATION THAT PARTICIPATION IN CONTESTS IS LAWFUL IN ANY JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, AND AS APPLICABLE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CIRCUMSTANCES, OUR WARRANTIES AND LIABILITY THEREFROM WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12.2 There will be times when our Services or a part or parts of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. Additionally, you are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services.

12.3 You acknowledge and agree that your display name, scores, and other related details will be displayed to other users in connection with use of the Services.

13 CUSTOMER SUCCESS & COMPLAINTS

13.1 Sleeper's Customer Success team is available at [email protected] to address any concerns you may have regarding the Services. Sleeper shall endeavor to respond to complaints as soon as reasonably possible. You and Sleeper agree to use best efforts through Customer Success to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

Initial Dispute Resolution Process

13.2 Before you assert any claim for damages or relief of any kind in a formal proceeding as provided for herein, the parties must make a good faith attempt to resolve the dispute by utilizing the following procedures. You agree that, before you initiate or demand a formal proceeding against Sleeper, that we will meet and confer in a good-faith effort to resolve informally any claim stemming from Your use of the Services. Multiple individuals with disputes cannot participate in the same informal dispute resolution process; each must be initiated and handled separately.

In order to initiate a claim you shall, as a condition precedent to engaging in the remainder of the dispute resolution process, notify Sleeper in writing of your intent to file a complaint. You must send an electronic communication to our Customer Success team at [email protected] with "Complaint Resolution Process" in the subject line, and include the following information:

· Your username;

· Your first and last name, as registered on your account;

· A detailed explanation of the complaint with any supporting documentation or information;

· Any specific dates and times associated with the complaint (as applicable); and

· The remedy or action you are seeking from Sleeper.

Failure to submit a written communication with the information outlined above will extend the time period before a formal proceeding may be commenced, and may result in the time period never commencing.

After sixty (60) business days have passed following the submission of your complaint, if it included all of the requisite information listed above, and if for some reason the complaint has not been resolved, you may then, and only then, pursue a formal claim as provided for below.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition precedent to either party initiating a formal claim as provided in these Terms. If the parties do not reach a resolution within the sixty (60) business day timeframe, or any such other time period as may be required by law, from the time all required complaint information is delivered (“Tolling Period”), then either party may initiate binding arbitration, as the sole and exclusive dispute resolution process pursuant to the Binding Arbitration and Class Action Waiver Agreement below (except as expressly set forth therein), and as applicable, the Privacy Notice.

To the extent the process described herein is inconsistent with the statutory requirements of the governing jurisdiction, it shall be so modified to conform to the laws of that jurisdiction.

The parties agree that any relevant limitations period will be tolled solely by the Tolling Period.

In the event of any claim or arbitration between us, as set forth below, Sleeper may, in its sole discretion, terminate your account. Regardless of whether you decide to opt out of arbitration, the terms in this section shall remain in full force and effect.

14 BINDING ARBITRATION AND CLASS ACTION WAIVER AGREEMENT

Please read this Binding Arbitration and Class Action Waiver Agreement (the "Agreement") carefully because it may require you and Sleeper to arbitrate certain disputes and claims on an individual basis only and limits the manner in which you and Sleeper can seek relief from each other. This Agreement applies to any claims you may currently possess and any claim that may arise in the future. While you must agree to these Terms in order to use the Services, if you have not previously agreed to an arbitration provision in connection with your use of the Services, there is an option, described below, to opt out of the arbitration and class waiver provisions. The option to opt out must be exercised within thirty (30) days of entering this Agreement.

If you reside in or access the Services at any time while located in the United States of America, this Section shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.

This Agreement includes an arbitration provision which sets forth how past, pending, and/or future disputes between you and Sleeper shall be resolved by final and binding arbitration on an individual basis only and for your own losses only. Under this Agreement, you may not proceed as a class representative, as a member or part of any proposed class, collective action and/or mass arbitration, as a private attorney general, qui tam action or under any representative proceeding, and you may not otherwise seek to recover on behalf of others or for the use or benefit of others in any type of claim or action. You and Sleeper further agree that any arbitration pursuant to this Agreement shall not proceed as a class, group or representative action. You further acknowledge that your agreement to arbitrate means you will not be able to seek damages in court or present your case to a jury.

14.1 Acceptance of Terms. By using, or otherwise accessing the Services, or clicking to accept or agree to the Terms where that option is made available, you confirm that you have read and accept and agree to this Agreement. Except to the extent that you may opt out as provided below, all of your activity utilizing the Services and all of your transactions with Sleeper, including all events which occurred before your acceptance of this Agreement, shall be subject to this Agreement.

14.2 Scope of Agreement to Arbitrate. Except as otherwise set forth herein, You and Sleeper agree that any past, pending, or future dispute, claim or controversy arising out of or relating to: any purchase or transaction by you, your access to the Services, your use of the Services, this Agreement, and/or the Privacy Notice (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of the same) (a "Dispute"), shall be ultimately resolved by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement -- including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims -- you and Sleeper agree and delegate to the arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

14.3 Small Claims Court. Notwithstanding the above provision and agreement to arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of the applicable small claim's court jurisdiction.

14.4 Lack of Estoppel or Preclusive Effect. The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third-party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against You or Sleeper.

14.5 Binding Nature of Agreement. These Terms shall be binding upon you, your successors, assigns, heirs, representatives, beneficiaries, and upon any other person or party claiming an interest on your or your estate’s behalf Sleeper agrees also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of Sleeper.

14.6 Intellectual Property. Notwithstanding the requirement to arbitrate herein, you and Sleeper are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of alleged infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents by a party, they shall also be entitled to seek legal and injunctive relief and the parties shall not be able to hold out a user's access to the Services as basis to enforce an arbitration agreement as to such claims.

14.7 Separate Agreement & Applicable Law. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms, the Services, and/or Privacy Notice shall have no effect upon the validity and enforceability of this Agreement.

Initiating Arbitration Under JAMS Rules

14.8 Following the conclusion of the initial dispute resolution process required herein, you or Sleeper may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and Sleeper agree that JAMS ("JAMS") will administer the arbitration under its Comprehensive Arbitration Rules and Procedures ("JAMS Rules") in effect at the time an arbitration demand is filed. The parties further agree that, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines ("JAMS Mass Rules") shall apply.

14.9 You and Sleeper further agree:

· Arbitration will proceed on an individual claim basis only;

· The arbitration will be handled by a sole arbitrator. The parties agree that the JAMS arbitrator must have the following minimum qualifications: practicing attorneys or retired federal court judges who have at least ten (10) years of substantive expertise in litigating and resolving complex business disputes, including motions to compel arbitration and litigation or adjudication regarding the arbitrability of disputes;

· While the JAMS Rules shall apply, the parties agree that JAMS Rules 16.1 and 16.2 (Streamlined Arbitration Rules and Procedures and the JAMS Expedited Procedures) shall not apply, unless explicitly agreed to between the parties in writing;

· In lieu of JAMS Rule 15 (Arbitrator Selection, Disclosures and Replacement), the parties shall be presented with a list of eight (8) potential arbitrators, be allowed three (3) strikes and the parties shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g. if both parties select a potential arbitrator as their top preference, that arbitrator will be selected);

· In lieu of JAMS Rule 18, the parties shall have the right to submit a dispositive motion at the outset of the arbitration to the arbitrator. The submission and scheduling of such motions shall be addressed at a conference held before the JAMS arbitrator, and the parties agree that any dispositive motions shall be resolved and the remainder of the arbitration proceeding stayed pending resolution, absent good cause and immediate necessity to proceed;

· Unless and only to the extent prohibited under JAMS Rules, the arbitration shall be exclusively venued in the County of Clark, State of Nevada, or if agreed to between the parties in writing, conducted telephonically or via other remote electronic means;

· The JAMS Rules will govern payment of all arbitration fees;

· Except as otherwise waived or limited under these Terms or this Agreement, the JAMS arbitrator shall be authorized to award any remedies, including equitable or injunctive relief, that would be available in an individual lawsuit except: in any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive, exemplary, incidental, indirect, and/or consequential damages, including but not limited to damages for lost profits, and the parties waive any right to recover any such damages;

· The arbitration decision and award shall consist of a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless the parties agree in writing otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award;

· Except as and to the extent otherwise required by law, the arbitration proceeding, pleadings, and any award shall be treated as confidential and shall not be used by the parties except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its information and enforcement;

· In the event JAMS is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider subject to the procedural agreements of this section; and

· You and Sleeper agree that any award issued by the arbitrator in excess of $50,000.00 USD in favor of either party, or any award which grants any form of declaratory or equitable relief that would significantly impact other Sleeper users or the operation of the Services, may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party's election.

14.10 Batch Arbitration. To increase efficiency of resolution, in the event twenty (20) or more similar arbitration demands against Sleeper, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working cooperatively, are submitted to JAMS in accordance with the procedures described herein, Sleeper may elect, in its sole discretion, for JAMS to consolidate those arbitrations as contemplated in the JAMS Rules by: a) grouping the arbitration demands into batches of no more than twenty-five (25) demands per batch (plus, to the extent there are fewer than twenty-five (25) arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and b) providing for a resolution of each batch as a single arbitration with one (1) set of filing and administrative fees and one (1) arbitrator assigned per batch. For the avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as consistent with JAMS Rules. You agree to cooperate in good faith with Sleeper and JAMS to implement such a batch approach to resolution and fees.

14.11 By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: a) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; b) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party's violation of this requirement.

Waiver of Class Relief and Collective Action

14.12 To the maximum extent permitted by applicable law, you shall not be entitled to bring, consolidate, join or coordinate disputes by or against other individuals or entities, participate in any collective arbitration or arbitrate or litigate any dispute in a representative capacity. You may only arbitrate or litigate on an individual basis for your own losses only. You may not proceed in arbitration or court as a class representative, member or part of any proposed class, collective action or mass arbitration, private attorney general suit, qui tam action or any representative proceeding, or otherwise seek to recover on behalf of others or for the benefit or use of others in any type of claim or action. You agree that you are waiving respective rights to participate in a class action, and that by agreeing to these Terms, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any proceeding existing as of the date you accepted these Terms.

Option and Procedure to Opt-Out of Arbitration

14.13 If you have not previously agreed to an arbitration provision in connection with your use of the Services, you may opt-out of the agreement to arbitrate by following the instructions below. If you do not opt-out, the arbitration provisions will apply retroactively to all claims you may possess, whether asserted to date or not.

If you do not wish to agree to the provisions of this section requiring arbitration and you have not previously agreed to an arbitration provision connection with your use of the Services, you must send written notice of your intent to opt-out. This notice must include your username, first and last name as registered on your account, e-mail associated with your account, phone number associated with your account, and firmly state your intent to opt out of arbitration. This notice must be received no later than thirty (30) days after your agreement to these Terms and the Agreement at 548 Market Street, PMB 95988, San Francisco, CA 94104, Attn: Blitz Studios, Inc., Legal Department.

You hereby agree to take all reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision regarding arbitration.

If you successfully opt out of arbitration, you hereby consent to the exclusive jurisdiction of the state and federal courts of Clark County, Nevada, for resolution of any and all disputes arising out of or related to these Terms, the Services, and/or Privacy Notice.

Severability

14.14 This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the Agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

-- End of Section 14 Arbitration Agreement --

15 WAIVER OF JURY TRIAL

15.1 You hereby waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to your use of the Services, whether based on contract, tort or any other legal theory.

16 LIMITATION OF LIABILITY

16.1 YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

BY ACCESSING, USING OR DOWNLOADING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF SLEEPER, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, THE "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID THE RELEASED PARTIES IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. THE RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH STATES, LIABILITY OF SLEEPER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SLEEPER MOBILE APPLICATION AND/OR WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF MOBILE APPLICATION AND/OR WEBSITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

YOU AGREE THAT ANY CLAIM OR LAWSUIT, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THE SERVICES, THESE TERMS, AND/OR THE PRIVACY NOTICE, MUST BE FILED WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ACTION, OMISSION, EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM OR SUIT, AFTER WHICH SUCH CLAIMS WILL BE TIME-BARRED AND PROHIBITED, WITHOUT REGARD TO ANY LONGER PERIOD OF TIME WHICH MAY BE PROVIDED BY ANY PERIOD OF LIMITATION OR REPOSE BY LAW OR STATUTE. THIS STATUTE OF LIMITATIONS PROVISION DOES NOT APPLY TO RESIDENTS OF NEW JERSEY.

FOR PURPOSES OF ANY LOSS RECOVERY ACT STATE OR CLAIM, INCLUDING CLAIMS CREATED BY STATE STATUTE FOR THE RECOVERY OF PUTATIVE GAMBLING LOSSES BY YOU, OR SUCCESSORS, OR THIRD-PARTIES, YOU AGREE: A) THAT ANY LOSSES INCURRED BY YOU WHILE USING THE SERVICES ARE NOT GAMBLING LOSSES OR RECOVERABLE UNDER ANY SUCH CLAIM OR STATUTE, B) THAT YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS TO RECOVER PUTATIVE GAMBLING LOSSES, AND C) THAT YOU HAVE KNOWINGLY WAIVED ANY AND ALL SUCH CLAIMS ON YOUR OWN BEHALF AND ON BEHALF OF YOUR SUCCESSORS, ASSIGNS, AND/OR ANY THIRD-PARTIES ATTEMPTING TO RECOVER ANY PUTATIVE GAMBLING LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIM THAT ARISES OUT OF OUR PROVISION OF THE SERVICES AND/OR UNDER THESE TERMS IS LIMITED TO THIRTY DOLLARS ($30.00).

17 INDEMNITY

17.1 You agree to indemnify, release, defend, and hold harmless Blitz Studios, Inc. and its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorneys’ fees and court costs), claims, and/or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of these Terms, and/or Privacy Notice, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation, and/or invasion of privacy. Sleeper reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Sleeper in the defense of such matter.

18 TERMINATION & SUSPENSION

18.1 You may delete the Services from your device at any time or otherwise permanently close your account at any time for any reason by contacting customer support at [email protected].

18.2 We may suspend, change, or terminate these Terms and/or your access to the Services or portions of the Services immediately and without notice, for any reason, including without limitation: (a) your breach of these Terms; (b) a request by law enforcement or other government agency; (c) our discontinuation of or material modification to the Services; (d) an unexpected technical or security issue or problem; and/or (e) your inactivity.

18.3 You understand that if you close your account, or if we delete your account in accordance with these Terms, you may lose access to: prepaid monies, promotional funds, and/or prizes associated with your account.

18.4 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

19 GOVERNING LAW

19.1 For purposes of Section 5, as well as any claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and/or expenses in any way relating to Contests offered by Sleeper, these Terms shall be governed by the laws of the state in which you were physically located at the time of each separate Contest entry without regard to conflict of laws principles.

19.2 For purposes of all other Services in which you engage, these Terms shall be governed by the laws of the State of Delaware without regard to conflict of laws principles.

20 GENERAL

20.1 These Terms and the Privacy Notice constitute the entire agreement between you and us relating to its subject matter and supersedes all prior agreements, undertakings, representations, warranties, and arrangements of any nature relating to the same. Each party acknowledges that it has not been induced to enter into these Terms by any representation or warranty other than those contained in these Terms. The section titles herein are for convenience only and have no legal or contractual effect.

20.2 Upon termination of your account, your license to use the Services terminates. All provisions of these Terms which by their nature should survive termination shall do so, including, without limitation, Sections 2, 3, 4, 5, 6, 7, 8 (except for 8.2), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20.

20.3 The failure of Sleeper to comply with any provision of these Terms due to an act of God, hurricane, pandemic, endemic, war, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities, and/or other force majeure event, or other factors beyond our control, will not be considered a breach of these Terms.

20.4 Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. We assume no liability or responsibility for the payment of any charges you may incur.

20.5 We may, from time to time in our sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, the “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.

20.6 You must not use, export or re-export the Services contrary to any law of the United States and/or any other jurisdiction including without limitation the Export Administration Regulations of the United States. You represent and warrant that: (a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States government as a “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.

20.7 We may assign these Terms, in whole or in part without your consent, but you are always free to terminate your use of the Services. No person who is not a party to these Terms (other than any person specifically identified as a third-party beneficiary) shall have any right under any law to enforce any part of these Terms, and no consent is required from any third-party to change these Terms. No failure or delay by us to exercise or enforce any right or benefit under these Terms shall be deemed a waiver of such right or benefit nor operate to prevent or limit the future exercise or enforcement of that right or benefit. If any term or condition of these Terms is held invalid, void or otherwise unenforceable by any court, governmental agency or authority of competent jurisdiction, the remainder of these Terms shall remain valid and enforceable.

20.8 Any typographical errors, including but not limited to misnumbered sections or paragraphs, within these Terms are incidental and do not affect their validity or interpretation. You understand and agree that the content of each section, and not its numerical designation, shall govern the meaning and effect of that section.

20.9 Regulatory Compliance. We may, from time to time, implement, revise, and enforce internal policies and procedures that are reasonably designed to ensure compliance with our regulatory obligations under applicable laws, rules, and regulations, including but not limited to those of the CFTC and the NFA. These obligations may include, without limitation, anti-money laundering requirements, business continuity and disaster recovery planning, cybersecurity, record-keeping, and risk management. We reserve the right to monitor and review customer activity and conduct to assess compliance with such policies and procedures. Customers acknowledge and agree to cooperate fully with Sleeper in connection with such compliance efforts and understand that the implementation and enforcement of such policies is essential to our ability to operate as a registered FCM.

20.10 Additional Terms for Apple’s App Store. In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Services from Apple’s App Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple may refund any applicable purchase price for the Services to you; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) any product liability claim; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) any claim arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services and/or your possession and use of the Services infringes any third party’s intellectual property rights. You may access and use the Services only on Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with all applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereunder.

20.11 Additional Terms for the Google Play Store. In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Services from the Google Play Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and us only, not with Google, and Google is not responsible for the Services. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Google and Google may refund any applicable purchase price for the Services to you; but, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Services. Google is not responsible for addressing any claim by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) any product liability claim; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) any claim arising under consumer protection, privacy, or similar legislation. Google is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services and/or your possession and use of the Services infringes any third party’s intellectual property rights. You may access and use the Services only on an Android device that you own or control and as permitted by the usage rules set forth in the Google Play Store Terms of Service. You agree to comply with all applicable third-party terms when using the Services. Google and Google’s subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereunder.

20.12 Additional Terms for California Consumers. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1-800-952- 5210.