Terms & Conditions
NEW JERSEY
FanDuel Sports Equinox Free Play Promotion
TERMS & CONDITIONS
NO PURCHASE OR WAGER OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR WAGER OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Description of Promotion
The FanDuel Sports Equinox Free Play promotion (the “Promotion”) where participants who submit correct answers to at least twenty (20) or more moneyline bet questions will split the Payout (as defined herein).

 

The Promotion is sponsored by Betfair Interactive US, LLC (“BIU”), located at 6701 Center Drive West, Suite 800, Los Angeles, CA 90045 and FanDuel Inc., located at 300 Park Ave South, 14th Floor, New York, NY 10010 (“FanDuel”, and collectively with BIU, the “Sponsor”). The terms “you” or “your” mean the person to whom a Payout (defined below) is issued to upon satisfaction of the Terms and Conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms and Conditions. Promotion participants may be required to sign paperwork issued by the Sponsor.

 

2. Promotion Period
The Promotion will begin on or around 12:00am ET on October 21, 2019 and ends at 1:00pm ET on October 27, 2019 (the “Promotion Period”), with October 27th being the “Qualifying Day”.

 

3. Eligibility
The Promotion is open to individuals who enter with a Sportsbook Account (as defined herein) who are at least 21 years of age and are physically present in New Jersey, Pennsylvania or Indiana during the Promotion Period. The Promotion is also open to individuals who enter with a DFS Account (as defined herein) who are at least 18 years of age or older, 21 or older if in Massachusetts and 19 or older if in Alabama, and who comply with FanDuel’s terms of use for free entry contests. If your social security number is associated with another Sportsbook Account or DFS Account database, you may only earn one Payout in respect of all such Sportsbook or DFS Accounts under this Promotion. Employees, officers and directors of the Sponsor, the National Hockey League, its teams and each of their respective affiliates, cable/satellite affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Payout.


4. Action Required
Prior to 1:00pm ET on the Qualifying Day (“Lock Time”), use your Sportsbook Account or DFS Account credentials to log in to sports-equinox.com (the “Promotion Home Page”) and submit answers to all of the Qualifying Day’s moneyline bet questions (“Questions”) (the “Answer Submission”). Limit one (1) Answer Submission per user. Any Answer Submission submitted after already submitting an Answer Submission or after the Lock Time will not qualify as an eligible Answer Submission. No purchase or deposit is necessary in order to submit an Answer Submission.

 

5. Claiming Promotion Offer
A total guaranteed payout of Two Hundred Seventy Thousand Dollars ($270,000) in site credit will be awarded in the Promotion (“Payout”). Odds of winning depend on the number of eligible Answer Submissions entered. Any user who answers twenty (20) or more Questions correctly will evenly split the Payout. There is a limit of one (1) share of the Payout per individual. Sponsor reserves the right to increase the Payout amount at its sole discretion, up to a maximum Payout of Five Hundred Thousand Dollars ($500,000) during the Promotion Period depending on the outcome of certain events in the week leading up to the Qualifying Day, as will be announced on the Promotion Home Page or on Sponsor’s various social media platforms during the Promotion Period. If applicable, the Payout will be credited to the account you used for entry into the Promotion (either your Sportsbook Account of DFS Account) within seventy-two (72) hours of the completion of the Promotion Period. Sponsor expressly reserves the right to substitute any Payout (or portion thereof) to Promotion participants at equivalent value. Payout recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Payout received, regardless of whether the Payout, in whole or in part, is used. The Payout value may be reported for tax purposes as required by law.

 

6. Registration Procedures
To qualify for the Promotion, eligible individuals must have an active FanDuel Sportsbook member account (“Sportsbook Account”) or an active FanDuel Daily Fantasy Sports member account (“DFS Account”). Creating a Sportsbook Account at https://sportsbook.fanduel.com or creating a DFS account at https://www.fanduel.com/join is free. By submitting your information and creating a Sportsbook Account, however, participants will be required to agree to the BIU Privacy Policy and Terms. If you do not agree to BIU’s Terms and Privacy Policy, you cannot create a Sportsbook Account. By submitting your information and creating a DFS Account, however, participants will be required to agree to the FanDuel Privacy Policy and Terms. If you do not agree to FanDuel’s Terms and Privacy Policy, you cannot create a DFS Account.

 

7. Limitations on Participation
In addition to the Eligibility Requirements in Section 3, BIU and FanDuel reserve the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in their sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotion in good faith. This Promotion is void where prohibited by law. Limit one (1) eligible Answer Submission per user. For the avoidance of doubt individuals may only enter this Promotion one (1) time in total across both their Sportsbook Account and their DFS Account, they may not enter one (1) time on each account. Any Answer Submission submitted after already submitting an Answer Submission or after Lock Time will not qualify as an eligible Answer Submission. No purchase or deposit is necessary in order to submit an Answer Submission

 

8. Wagering Requirements
N/A

 

9. Order of Funds Used for Wagering
The Payout is non-withdrawable and in order to withdraw from your Sportsbook Account any winnings generated from wagers placed using your Payout, you must first use your Sportsbook Account to wager an amount equal to the amount of your awarded Payout (“Play-Through Requirement”); provided that wagers placed on favorites with lines greater than or equal to -200 will be deemed as Excluded Wagers for purposes of satisfying the Play-Through Requirement. Any wager placed using site credits or any bonus received from a separate Sponsor promotion, will not satisfy the Play-Through Requirement. In order to withdraw from your DFS Account any winnings generated from contests placed using your Payout, you must first use your DFS Account and enter contests of an amount equal to the amount of your awarded Payout. DFS Account users located in AZ, IA, ID, HI, LA, MT, NV and WA are not eligible to participate in paid entry contests on FanDuel. FanDuel makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law.

 

10. Eligible Games
All MLB, NHL, NFL and NBA Games taking place on the Qualifying Day.

 

11. Restrictions on Withdrawal
The Payout is not transferable and cannot be substituted except in the Sponsor’s sole discretion. The Payout may only be used for wagering on your Sportsbook Account or entering contests on your DFS Account. Any unused portion of the Payout will be automatically withdrawn from your Sportsbook Account seven (7) days after being credited to your Sportsbook Account, and will be automatically withdrawn from your DFS Account fourteen (14) days after being credited to your DFS Account. In order to withdraw any winnings generated from wagers placed using your Payout from your Sportsbook Account, you must make a minimum deposit of Ten Dollars ($10) into your Sportsbook Account. In order to withdraw any winnings generated from contests entered into using your Payout from your DFS Account, you must make a minimum deposit of One Dollar ($1) into your DFS Account. You may withdraw any deposited funds without penalty or Play-Through Requirement at any time.

 

12. Cancellation
Should you wish to cancel your participation in this Promotion at any time, please contact customer support at sportsbook@fanduel.com or 877-689-0662. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction or Play-Through Requirement. However, any Payout amount in your account shall remain subject to the Play-Through Requirement detailed in Section 4 before it may be withdrawn.


13. Gambling Problem
Pennsylvania and New Jersey Customers: If you or someone you know has a gambling problem, help is available. Call 1-800-GAMBLER.

 

Indiana Customers: For Help with A Gambling Problem, Call 1-800-9-WITH-IT

 

14. Additional Terms
Administration: The Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Sponsor reserves the right to restrict at any time any Sportsbook Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.

Release and Waiver of Liability:By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, the National Hockey League, its teams and each of their respective affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Payout, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Payout. In consideration of the Payout, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness(including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and each of its respective parents, subsidiaries and affiliates.

Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.


LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.


For any legally required winners’ list, send a self-addressed stamped envelope to Sponsor at Attn: Legal Department at 300 Park Ave., New York, NY 10022. All such requests must be received within three (3) months after the end of the Promotion.

PENNSYLVANIA
FanDuel Sports Equinox Free Play Promotion
TERMS & CONDITIONS
NO PURCHASE OR WAGER OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR WAGER OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Description of Promotion
The FanDuel Sports Equinox Free Play promotion (the “Promotion”) where participants who submit correct answers to at least twenty (20) or more moneyline bet questions will split the Payout (as defined herein).

 

The Promotion is sponsored by Betfair Interactive US, LLC (“BIU”), located at 6701 Center Drive West, Suite 800, Los Angeles, CA 90045 and FanDuel Inc., located at 300 Park Ave South, 14th Floor, New York, NY 10010 (“FanDuel”, and collectively with BIU, the “Sponsor”). The terms “you” or “your” mean the person to whom a Payout (defined below) is issued to upon satisfaction of the Terms and Conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms and Conditions. Promotion participants may be required to sign paperwork issued by the Sponsor.

 

2. Promotion Period
The Promotion will begin on or around 12:00am ET on October 21, 2019 and ends at 1:00pm ET on October 27, 2019 (the “Promotion Period”), with October 27th being the “Qualifying Day”.

 

3. Eligibility
The Promotion is open to individuals who enter with a Sportsbook Account (as defined herein) who are at least 21 years of age and are physically present in New Jersey, Pennsylvania or Indiana during the Promotion Period. The Promotion is also open to individuals who enter with a DFS Account (as defined herein) who are at least 18 years of age or older, 21 or older if in Massachusetts and 19 or older if in Alabama, and who comply with FanDuel’s terms of use for free entry contests. If your social security number is associated with another Sportsbook Account or DFS Account database, you may only earn one Payout in respect of all such Sportsbook or DFS Accounts under this Promotion. Employees, officers and directors of the Sponsor, the National Hockey League, its teams and each of their respective affiliates, cable/satellite affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Payout.


4. Action Required
Prior to 1:00pm ET on the Qualifying Day (“Lock Time”), use your Sportsbook Account or DFS Account credentials to log in to sports-equinox.com (the “Promotion Home Page”) and submit answers to all of the Qualifying Day’s moneyline bet questions (“Questions”) (the “Answer Submission”). Limit one (1) Answer Submission per user. Any Answer Submission submitted after already submitting an Answer Submission or after the Lock Time will not qualify as an eligible Answer Submission. No purchase or deposit is necessary in order to submit an Answer Submission.

 

5. Claiming Promotion Offer
A total guaranteed payout of Two Hundred Seventy Thousand Dollars ($270,000) in site credit will be awarded in the Promotion (“Payout”). Odds of winning depend on the number of eligible Answer Submissions entered. Any user who answers twenty (20) or more Questions correctly will evenly split the Payout. There is a limit of one (1) share of the Payout per individual. Sponsor reserves the right to increase the Payout amount at its sole discretion, up to a maximum Payout of Five Hundred Thousand Dollars ($500,000) during the Promotion Period depending on the outcome of certain events in the week leading up to the Qualifying Day, as will be announced on the Promotion Home Page or on Sponsor’s various social media platforms during the Promotion Period. If applicable, the Payout will be credited to the account you used for entry into the Promotion (either your Sportsbook Account of DFS Account) within seventy-two (72) hours of the completion of the Promotion Period. Sponsor expressly reserves the right to substitute any Payout (or portion thereof) to Promotion participants at equivalent value. Payout recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Payout received, regardless of whether the Payout, in whole or in part, is used. The Payout value may be reported for tax purposes as required by law.

 

6. Registration Procedures
To qualify for the Promotion, eligible individuals must have an active FanDuel Sportsbook member account (“Sportsbook Account”) or an active FanDuel Daily Fantasy Sports member account (“DFS Account”). Creating a Sportsbook Account at https://sportsbook.fanduel.com or creating a DFS account at https://www.fanduel.com/join is free. By submitting your information and creating a Sportsbook Account, however, participants will be required to agree to the BIU Privacy Policy and Terms. If you do not agree to BIU’s Terms and Privacy Policy, you cannot create a Sportsbook Account. By submitting your information and creating a DFS Account, however, participants will be required to agree to the FanDuel Privacy Policy and Terms. If you do not agree to FanDuel’s Terms and Privacy Policy, you cannot create a DFS Account.

 

7. Limitations on Participation
In addition to the Eligibility Requirements in Section 3, BIU and FanDuel reserve the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in their sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotion in good faith. This Promotion is void where prohibited by law. Limit one (1) eligible Answer Submission per user. For the avoidance of doubt individuals may only enter this Promotion one (1) time in total across both their Sportsbook Account and their DFS Account, they may not enter one (1) time on each account. Any Answer Submission submitted after already submitting an Answer Submission or after Lock Time will not qualify as an eligible Answer Submission. No purchase or deposit is necessary in order to submit an Answer Submission

 

8. Wagering Requirements
N/A

 

9. Order of Funds Used for Wagering
The Payout is non-withdrawable and in order to withdraw from your Sportsbook Account any winnings generated from wagers placed using your Payout, you must first use your Sportsbook Account to wager an amount equal to the amount of your awarded Payout (“Play-Through Requirement”); provided that wagers placed on favorites with lines greater than or equal to -200 will be deemed as Excluded Wagers for purposes of satisfying the Play-Through Requirement. Any wager placed using site credits or any bonus received from a separate Sponsor promotion, will not satisfy the Play-Through Requirement. In order to withdraw from your DFS Account any winnings generated from contests placed using your Payout, you must first use your DFS Account and enter contests of an amount equal to the amount of your awarded Payout. DFS Account users located in AZ, IA, ID, HI, LA, MT, NV and WA are not eligible to participate in paid entry contests on FanDuel. FanDuel makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law.

 

10. Eligible Games
All MLB, NHL, NFL and NBA Games taking place on the Qualifying Day.

 

11. Restrictions on Withdrawal
The Payout is not transferable and cannot be substituted except in the Sponsor’s sole discretion. The Payout may only be used for wagering on your Sportsbook Account or entering contests on your DFS Account. Any unused portion of the Payout will be automatically withdrawn from your Sportsbook Account seven (7) days after being credited to your Sportsbook Account, and will be automatically withdrawn from your DFS Account fourteen (14) days after being credited to your DFS Account. In order to withdraw any winnings generated from wagers placed using your Payout from your Sportsbook Account, you must make a minimum deposit of Ten Dollars ($10) into your Sportsbook Account. In order to withdraw any winnings generated from contests entered into using your Payout from your DFS Account, you must make a minimum deposit of One Dollar ($1) into your DFS Account. You may withdraw any deposited funds without penalty or Play-Through Requirement at any time.

 

12. Cancellation
Should you wish to cancel your participation in this Promotion at any time, please contact customer support at sportsbook@fanduel.com or 877-689-0662. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction or Play-Through Requirement. However, any Payout amount in your account shall remain subject to the Play-Through Requirement detailed in Section 4 before it may be withdrawn.


13. Gambling Problem
Pennsylvania and New Jersey Customers: If you or someone you know has a gambling problem, help is available. Call 1-800-GAMBLER.

 

Indiana Customers: For Help with A Gambling Problem, Call 1-800-9-WITH-IT

 

14. Additional Terms
Administration: The Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Sponsor reserves the right to restrict at any time any Sportsbook Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.

Release and Waiver of Liability:By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, the National Hockey League, its teams and each of their respective affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Payout, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Payout. In consideration of the Payout, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness(including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and each of its respective parents, subsidiaries and affiliates.

Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.


LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.


For any legally required winners’ list, send a self-addressed stamped envelope to Sponsor at Attn: Legal Department at 300 Park Ave., New York, NY 10022. All such requests must be received within three (3) months after the end of the Promotion.

INDIANA
FanDuel Sports Equinox Free Play Promotion
TERMS & CONDITIONS
NO PURCHASE OR WAGER OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.  A PURCHASE OR WAGER OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Description of Promotion
The FanDuel Sports Equinox Free Play promotion (the “Promotion”) where participants who submit correct answers to at least twenty (20) or more moneyline bet questions will split the Payout (as defined herein).  

 

The Promotion is sponsored by Betfair Interactive US, LLC (“BIU”), located at 6701 Center Drive West, Suite 800, Los Angeles, CA  90045 and FanDuel Inc., located at 300 Park Ave South, 14th Floor, New York, NY 10010 (“FanDuel”, and collectively with BIU, the “Sponsor”).  The terms “you” or “your” mean the person to whom a Payout (defined below) is issued to upon satisfaction of the Terms and Conditions set forth in this Promotion.  Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms and Conditions.  Promotion participants may be required to sign paperwork issued by the Sponsor.
 

2. Promotion Period
The Promotion will begin on or around 12:00am ET on October 21, 2019 and ends at 1:00pm ET on October 27, 2019 (the “Promotion Period”), with October 27th being the “Qualifying Day”.
 

3. Eligibility
The Promotion is open to individuals who enter with a Sportsbook Account (as defined herein) who are at least 21 years of age and are physically present in New Jersey, Pennsylvania or Indiana during the Promotion Period.  The Promotion is also open to individuals who enter with a DFS Account (as defined herein) who are at least 18 years of age or older, 21 or older if in Massachusetts and 19 or older if in Alabama, and who comply with FanDuel’s terms of use for free entry contests.  If your social security number is associated with another Sportsbook Account or DFS Account database, you may only earn one Payout in respect of all such Sportsbook or DFS Accounts under this Promotion. Employees, officers and directors of the Sponsor, the National Hockey League, its teams and each of their respective affiliates, cable/satellite affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Payout.  


4. Action Required
Prior to 1:00pm ET on the Qualifying Day (“Lock Time”), use your Sportsbook Account or DFS Account credentials to log in to sports-equinox.com (the “Promotion Home Page”) and submit answers to all of the Qualifying Day’s moneyline bet questions (“Questions”) (the “Answer Submission”).  Limit one (1) Answer Submission per user.  Any Answer Submission submitted after already submitting an Answer Submission or after the Lock Time will not qualify as an eligible Answer Submission.  No purchase or deposit is necessary in order to submit an Answer Submission.

 

5. Claiming Promotion Offer
A total guaranteed payout of Two Hundred Seventy Thousand Dollars ($270,000) in site credit will be awarded in the Promotion (“Payout”). Odds of winning depend on the number of eligible Answer Submissions entered. Any user who answers twenty (20) or more Questions correctly will evenly split the Payout. There is a limit of one (1) share of the Payout per individual.  Sponsor reserves the right to increase the Payout amount at its sole discretion, up to a maximum Payout of Five Hundred Thousand Dollars ($500,000) during the Promotion Period depending on the outcome of certain events in the week leading up to the Qualifying Day, as will be announced on the Promotion Home Page or on Sponsor’s various social media platforms during the Promotion Period.  If applicable, the Payout will be credited to the account you used for entry into the Promotion (either your Sportsbook Account of DFS Account) within seventy-two (72) hours of the completion of the Promotion Period.  Sponsor expressly reserves the right to substitute any Payout (or portion thereof) to Promotion participants at equivalent value.  Payout recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Payout received, regardless of whether the Payout, in whole or in part, is used.  The Payout value may be reported for tax purposes as required by law.

 

6. Registration Procedures
To qualify for the Promotion, eligible individuals must have an active FanDuel Sportsbook member account (“Sportsbook Account”) or an active FanDuel Daily Fantasy Sports member account (“DFS Account”). Creating a Sportsbook Account at https://sportsbook.fanduel.com or creating a DFS account at https://www.fanduel.com/join is free. By submitting your information and creating a Sportsbook Account, however, participants will be required to agree to the BIU Privacy Policy and Terms.  If you do not agree to BIU’s Terms and Privacy Policy, you cannot create a Sportsbook Account. By submitting your information and creating a DFS Account, however, participants will be required to agree to the FanDuel Privacy Policy and Terms.  If you do not agree to FanDuel’s Terms and Privacy Policy, you cannot create a DFS Account.

 

7. Limitations on Participation
In addition to the Eligibility Requirements in Section 3, BIU and FanDuel reserve the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in their sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotion in good faith.  This Promotion is void where prohibited by law.  Limit one (1) eligible Answer Submission per user. For the avoidance of doubt individuals may only enter this Promotion one (1) time in total across both their Sportsbook Account and their DFS Account, they may not enter one (1) time on each account.  Any Answer Submission submitted after already submitting an Answer Submission or after Lock Time will not qualify as an eligible Answer Submission.  No purchase or deposit is necessary in order to submit an Answer Submission.

 

8. Wagering Requirements
N/A

 

9. Order of Funds Used for Wagering
The Payout is non-withdrawable and in order to withdraw from your Sportsbook Account any winnings generated from wagers placed using your Payout, you must first use your Sportsbook Account to wager an amount equal to the amount of your awarded Payout (“Play-Through Requirement”); provided that wagers placed on favorites with lines greater than or equal to -200 will be deemed as Excluded Wagers for purposes of satisfying the Play-Through Requirement.  Any wager placed using site credits or any bonus received from a separate Sponsor promotion, will not satisfy the Play-Through Requirement. In order to withdraw from your DFS Account any winnings generated from contests placed using your Payout, you must first use your DFS Account and enter contests of an amount equal to the amount of your awarded Payout. DFS Account users located in AZ, IA, ID, HI, LA, MT, NV and WA are not eligible to participate in paid entry contests on FanDuel. FanDuel makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law.

 

10. Eligible Games
All MLB, NHL, NFL and NBA Games taking place on the Qualifying Day.

 

11. Restrictions on Withdrawal
The Payout is not transferable and cannot be substituted except in the Sponsor’s sole discretion.  The Payout may only be used for wagering on your Sportsbook Account or entering contests on your DFS Account. Any unused portion of the Payout will be automatically withdrawn from your Sportsbook Account seven (7) days after being credited to your Sportsbook Account, and will be automatically withdrawn from your DFS Account fourteen (14) days after being credited to your DFS Account. In order to withdraw any winnings generated from wagers placed using your Payout from your Sportsbook Account, you must make a minimum deposit of Ten Dollars ($10) into your Sportsbook Account. In order to withdraw any winnings generated from contests entered into using your Payout from your DFS Account, you must make a minimum deposit of One Dollar ($1) into your DFS Account. You may withdraw any deposited funds without penalty or Play-Through Requirement at any time.

 

12. Cancellation
Should you wish to cancel your participation in this Promotion at any time, please contact customer support at sportsbook@fanduel.com or 877-689-0662. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction or Play-Through Requirement. However, any Payout amount in your account shall remain subject to the Play-Through Requirement detailed in Section 4 before it may be withdrawn.


13. Gambling Problem
Pennsylvania and New Jersey Customers: If you or someone you know has a gambling problem, help is available. Call 1-800-GAMBLER.

 

Indiana Customers: For Help with A Gambling Problem, Call 1-800-9-WITH-IT

 

14. Additional Terms
Administration: The Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Sponsor reserves the right to restrict at any time any Sportsbook Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.

Release and Waiver of Liability: By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, the National Hockey League, its teams and each of their respective affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Payout, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence.  The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Payout.  In consideration of the Payout, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and each of its respective parents, subsidiaries and affiliates.

Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in New York, New York.  The federal or state law that applies to these Terms and Conditions will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York.  The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court. 


LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided.  If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.


For any legally required winners’ list, send a self-addressed stamped envelope to Sponsor at Attn: Legal Department at 300 Park Ave., New York, NY 10022. All such requests must be received within three (3) months after the end of the Promotion.
 

FANDUEL FANTASY
FanDuel Sports Equinox Free Play Promotion
TERMS & CONDITIONS
NO PURCHASE OR WAGER OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR WAGER OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Description of Promotion
The FanDuel Sports Equinox Free Play promotion (the “Promotion”) where participants who submit correct answers to at least twenty (20) or more moneyline bet questions will split the Payout (as defined herein).

 

The Promotion is sponsored by Betfair Interactive US, LLC (“BIU”), located at 6701 Center Drive West, Suite 800, Los Angeles, CA 90045 and FanDuel Inc., located at 300 Park Ave South, 14th Floor, New York, NY 10010 (“FanDuel”, and collectively with BIU, the “Sponsor”). The terms “you” or “your” mean the person to whom a Payout (defined below) is issued to upon satisfaction of the Terms and Conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms and Conditions. Promotion participants may be required to sign paperwork issued by the Sponsor.

 

2. Promotion Period
The Promotion will begin on or around 12:00am ET on October 21, 2019 and ends at 1:00pm ET on October 27, 2019 (the “Promotion Period”), with October 27th being the “Qualifying Day”.

 

3. Eligibility
The Promotion is open to individuals who enter with a Sportsbook Account (as defined herein) who are at least 21 years of age and are physically present in New Jersey, Pennsylvania or Indiana during the Promotion Period. The Promotion is also open to individuals who enter with a DFS Account (as defined herein) who are at least 18 years of age or older, 21 or older if in Massachusetts and 19 or older if in Alabama, and who comply with FanDuel’s terms of use for free entry contests. If your social security number is associated with another Sportsbook Account or DFS Account database, you may only earn one Payout in respect of all such Sportsbook or DFS Accounts under this Promotion. Employees, officers and directors of the Sponsor, the National Hockey League, its teams and each of their respective affiliates, cable/satellite affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Payout.


4. Action Required
Prior to 1:00pm ET on the Qualifying Day (“Lock Time”), use your Sportsbook Account or DFS Account credentials to log in to sports-equinox.com (the “Promotion Home Page”) and submit answers to all of the Qualifying Day’s moneyline bet questions (“Questions”) (the “Answer Submission”). Limit one (1) Answer Submission per user. Any Answer Submission submitted after already submitting an Answer Submission or after the Lock Time will not qualify as an eligible Answer Submission. No purchase or deposit is necessary in order to submit an Answer Submission.

 

5. Claiming Promotion Offer
A total guaranteed payout of Two Hundred Seventy Thousand Dollars ($270,000) in site credit will be awarded in the Promotion (“Payout”). Odds of winning depend on the number of eligible Answer Submissions entered. Any user who answers twenty (20) or more Questions correctly will evenly split the Payout. There is a limit of one (1) share of the Payout per individual. Sponsor reserves the right to increase the Payout amount at its sole discretion, up to a maximum Payout of Five Hundred Thousand Dollars ($500,000) during the Promotion Period depending on the outcome of certain events in the week leading up to the Qualifying Day, as will be announced on the Promotion Home Page or on Sponsor’s various social media platforms during the Promotion Period. If applicable, the Payout will be credited to the account you used for entry into the Promotion (either your Sportsbook Account of DFS Account) within seventy-two (72) hours of the completion of the Promotion Period. Sponsor expressly reserves the right to substitute any Payout (or portion thereof) to Promotion participants at equivalent value. Payout recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Payout received, regardless of whether the Payout, in whole or in part, is used. The Payout value may be reported for tax purposes as required by law.

 

6. Registration Procedures
To qualify for the Promotion, eligible individuals must have an active FanDuel Sportsbook member account (“Sportsbook Account”) or an active FanDuel Daily Fantasy Sports member account (“DFS Account”). Creating a Sportsbook Account at https://sportsbook.fanduel.com or creating a DFS account at https://www.fanduel.com/join is free. By submitting your information and creating a Sportsbook Account, however, participants will be required to agree to the BIU Privacy Policy and Terms. If you do not agree to BIU’s Terms and Privacy Policy, you cannot create a Sportsbook Account. By submitting your information and creating a DFS Account, however, participants will be required to agree to the FanDuel Privacy Policy and Terms. If you do not agree to FanDuel’s Terms and Privacy Policy, you cannot create a DFS Account.

 

7. Limitations on Participation
In addition to the Eligibility Requirements in Section 3, BIU and FanDuel reserve the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in their sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotion in good faith. This Promotion is void where prohibited by law. Limit one (1) eligible Answer Submission per user. For the avoidance of doubt individuals may only enter this Promotion one (1) time in total across both their Sportsbook Account and their DFS Account, they may not enter one (1) time on each account. Any Answer Submission submitted after already submitting an Answer Submission or after Lock Time will not qualify as an eligible Answer Submission. No purchase or deposit is necessary in order to submit an Answer Submission

 

8. Wagering Requirements
N/A

 

9. Order of Funds Used for Wagering
The Payout is non-withdrawable and in order to withdraw from your Sportsbook Account any winnings generated from wagers placed using your Payout, you must first use your Sportsbook Account to wager an amount equal to the amount of your awarded Payout (“Play-Through Requirement”); provided that wagers placed on favorites with lines greater than or equal to -200 will be deemed as Excluded Wagers for purposes of satisfying the Play-Through Requirement. Any wager placed using site credits or any bonus received from a separate Sponsor promotion, will not satisfy the Play-Through Requirement. In order to withdraw from your DFS Account any winnings generated from contests placed using your Payout, you must first use your DFS Account and enter contests of an amount equal to the amount of your awarded Payout. DFS Account users located in AZ, IA, ID, HI, LA, MT, NV and WA are not eligible to participate in paid entry contests on FanDuel. FanDuel makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law.

 

10. Eligible Games
All MLB, NHL, NFL and NBA Games taking place on the Qualifying Day.

 

11. Restrictions on Withdrawal
The Payout is not transferable and cannot be substituted except in the Sponsor’s sole discretion. The Payout may only be used for wagering on your Sportsbook Account or entering contests on your DFS Account. Any unused portion of the Payout will be automatically withdrawn from your Sportsbook Account seven (7) days after being credited to your Sportsbook Account, and will be automatically withdrawn from your DFS Account fourteen (14) days after being credited to your DFS Account. In order to withdraw any winnings generated from wagers placed using your Payout from your Sportsbook Account, you must make a minimum deposit of Ten Dollars ($10) into your Sportsbook Account. In order to withdraw any winnings generated from contests entered into using your Payout from your DFS Account, you must make a minimum deposit of One Dollar ($1) into your DFS Account. You may withdraw any deposited funds without penalty or Play-Through Requirement at any time.

 

12. Cancellation
Should you wish to cancel your participation in this Promotion at any time, please contact customer support at sportsbook@fanduel.com or 877-689-0662. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction or Play-Through Requirement. However, any Payout amount in your account shall remain subject to the Play-Through Requirement detailed in Section 4 before it may be withdrawn.


13. Gambling Problem
Pennsylvania and New Jersey Customers: If you or someone you know has a gambling problem, help is available. Call 1-800-GAMBLER.

 

Indiana Customers: For Help with A Gambling Problem, Call 1-800-9-WITH-IT

 

14. Additional Terms
Administration: The Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Sponsor reserves the right to restrict at any time any Sportsbook Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.

Release and Waiver of Liability:By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, the National Hockey League, its teams and each of their respective affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Payout, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Payout. In consideration of the Payout, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness(including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and each of its respective parents, subsidiaries and affiliates.

Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.


LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.


For any legally required winners’ list, send a self-addressed stamped envelope to Sponsor at Attn: Legal Department at 300 Park Ave., New York, NY 10022. All such requests must be received within three (3) months after the end of the Promotion.