PLL 2021 PICK’EM PROMOTION
To enter this promotion, you must satisfy the eligibility criteria below and agree to abide by these official rules (“Official Rules”). Participation in the Promotion constitutes your full and unconditional agreement to the Official Rules. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE ONE’S CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Any disputes will be resolved solely by binding arbitration and no parties will have the ability to bring claims via class action. Please read these Official Rules carefully.
1. INTRODUCTION. The Premier Lacrosse League, Inc. (“PLL” or “Sponsor”) is providing eligible contestants the ability to win weekly prizes (“Weekly Prizes”), if offered, and a grand prize of $1 Million Dollars (the “Grand Prize”) through its 2021 Pick’em Promotion (the “Promotion”), subject to the terms and conditions of these Official Rules.
2. ELIGIBILITY. The Promotion is only available to certain residents, please review these eligibility provisions closely and do not proceed with this Promotion if you are not eligible. (A) Ineligible States. Residents in the State of Washington are ineligible to participate in the Promotion and are ineligible to receive a prize. Residents of New York and Florida are eligible to participate and win Weekly Prizes, if any, but are not eligible to win the Grand Prize. (B) Eligible States. The Promotion, including eligibility to win Weekly Prizes and the Grand Prize, is open to legal individual residents of the remaining United States (including the District of Columbia, but excluding commonwealths, territories and possessions) and Canada (excluding residents of the Province of Quebec), who are at least eighteen (18) years or older or the age of majority in their jurisdiction of residence (whichever is older) as of the date of entry, and who have a valid e-mail address and government-issued photo identification (each, an “Entrant” or “you”). This Promotion is void in all U.S. territories, (e.g., Puerto Rico and Guam) and foreign countries other than Canada, and where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. (C) Ineligible Participants. Irrespective of the eligibility criteria set forth above, the following individuals shall not be permitted to participate in the Promotion and shall be ineligible for all Prizes: (i) directors, members, employees, interns, consultants, agents, successors and assignees of Premier Lacrosse League, Inc. (the “Sponsor”) and their respective affiliates, if any, and each of their respective advertising/promotion agencies; and (ii) the Immediate Family Members and/or Household Members of any of the persons set forth in (i) above. “Immediate Family Members” shall include parents, step-parents, children, step-children, siblings or spouses. “Household Members” shall mean people who share the same residence at least three (3) months per year, whether a Family Member or not.
3. SPONSOR. This Promotion is sponsored by Premier Lacrosse League, Inc. Any advertisers or other sponsors now or in the future that are associated with the Promotion, if any, shall be deemed a “Promoter” for purposes of these Official Rules.
4. HOW TO PLAY. (A) Generally. The objective of the Promotion is to accurately select the winning team for each of the Sponsor’s games during the 2021 Season (as defined below). One or more games will be played during a weekend (each, an “event weekend”) throughout the Season. An updated schedule of the games and each event weekend can be found at https://premierlacrosseleague.com/schedule. “Season” shall mean, collectively, each regular season, post-season, and championship game. Season shall not include any games during training camp or exhibition games (e.g., “All-Star” events). (B) How to Enter. Entrants are permitted one Entry per event weekend. You must have an active account with the PLL to enter. If you do not already have an account, you must create one at Premierlacrosseleague.com (an “Account”), using a valid email address. Persons may not submit multiple Entries using different Accounts. You can make your selection on Sponsor’s Promotion homepage https://f2p.premierlacrosseleague.com (the “Site”) by following the instructions provided (each selection, an “Entry”). For each event weekend, the Entry, if any, made at the applicable Lock Time will be the eligible Entry. Each event weekend’s Entry must be made, received, and confirmed by Sponsor’s computer at least one hour before the scheduled game time for the first game in the event weekend to be eligible (the “Lock Time”). Sponsor’s computer is the official time-keeping device for this Promotion. Entries received after the Lock Time will be discarded and ineligible.
5. HOW TO WIN. (A) The Grand Prize. You must select the winning team for each game during the 2021 Season in order to win the Grand Prize. If you fail to play or fail to select the winning team for any game in any event weekend, you will be ineligible to win the Grand Prize. If any PLL game ends in a tie, all fans will be eliminated from the Grand Prize competition. If you fail to submit an Entry for any game (including if your Entry is discarded as provided above), you will be disqualified from winning the Grand Prize. The official results for each game will be posted on: https://premierlacrosseleague.com/stats. If any game is rescheduled, the selection made for that game will be locked-in and attributed to the week the game is played. If a game is cancelled, the PLL may cancel the Promotion, in its sole discretion. In the event the Promotion is not cancelled, the PLL may ask Entrants to answer an additional question, which must be answered correctly in order to be eligible to win the Grand Prize. (D) How to Win Weekly Prizes. The PLL, its sponsors, or promoters may make available Weekly Prizes to Entrants. If weekly prizes are available, the PLL will inform Entrants by email or on the Site. If a weekly prize is offered, Entrants can win the weekly prize by correctly selecting the winning team for each game in the applicable event weekend. If two or more Entrants correctly select the winning teams and are equally close to the tie-breaker answer, the weekly prize will be awarded by a random draw. If no Entrant correctly guesses the winning team of each game in the applicable event weekend, the weekly prize will not be awarded.
6. TIMING. The Promotion will begin on May 27, 2021 at 3pm Eastern Time and will end at the Lock Time for the Championship Game, scheduled for Sunday, September 19, 2021 (the “Promotion Period”). During the Promotion Period, Entries may be made for upcoming event weekends as provided on the Site, subject to the Lock Times set forth in section 5(c). All times used in these Official Rules are Eastern Time.
7. PRIZES. (A) Grand Prize. Sponsor will award one (1) Grand Prize in the amount of One Million Dollars ($1,000,000.00) to one Entrant who correctly selects the winning team for each of the 2021 Season games, in accordance with these Official Rules and as verified by Sponsor and/or its designee as set forth herein (“Grand Prize Winner”). If there is more than one Grand Prize Winner, the Grand Prize will be divided equally by the number of Grand Prize Winners. The Grand Prize amount shall be paid in fifty (50) equal annual installments of: (i) $20,000 each, without interest, if there is one Grand Prize Winner; or (ii) if there is more than one Grand Prize Winner, such other amount that, collectively, when aggregated, equals $20,000 without interest. (B) Weekly Prizes. It is possible, but not guaranteed, that weekly prizes will be made available by the PLL, its sponsors, or promoters. If weekly prizes are available, the PLL will inform Entrants by email or on the Site. The approximate retail value (“ARV”) of each weekly prize will vary. The ARV of all weekly prizes, in the aggregate, will not exceed Five Thousand Dollars ($5000.00). The odds of winning depend on the number of entries received.
EACH WINNER OF ANY PRIZE IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE, IF ANY, AND MUST AUTHORIZE THE DEDUCTION OF SUCH TAXES FROM THE GRAND PRIZE TO THE EXTENT REQUIRED BY LAW.
8. CONDITIONS PRECEDENT TO CLAIMING THE GRAND PRIZE. Any Grand Prize Winner, as a condition to winning the Grand Prize, must agree to complete and execute an affidavit, liability and publicity release, and such other documentation required by Sponsor or its designee, which shall at a minimum, grant Sponsor and/or its designee a worldwide, irrevocable, royalty free, license to use the Grand Prize Winner’s name and likeness for advertising, trade, or promotional purposes without further compensation to the Grand Prize Winner (except where prohibited). The Grand Prize Winner(s) shall be required to provide Sponsor or its designee with a copy of a government issued identification card containing a photo of such Grand Prize Winner. EACH ENTRANT ACCEPTS THAT THIS IS A CONDITION OF WINNING THE GRAND PRIZE AND IF THE ENTRANT IS A GRAND PRIZE WINNER AND DOES NOT AGREE TO THESE PROVISIONS IT SHALL NOT BE DEEMED A GRAND PRIZE WINNER.
9. POTENTIAL WINNERS OF PRIZES. ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND EACH POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER OR IS OTHERWISE NOT RECEIVED DUE TO A SYSTEM FAILURE FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID. Potential winner will be notified via e-mail within thirty (30) business days following the end of the Promotion Period. It is the sole responsibility of the Entrant to provide and maintain a valid e-mail on file with Sponsor. A potential winner will be disqualified if he/she/they (i) do not comply with these rules (or is otherwise determined to be ineligible), (ii) do not respond to the prize notice within five (5) days of its transmission or if the prize notice is sent and returned as undeliverable after three (3) attempts, or (iii) the prize is undeliverable for any reason. Winning a prize is contingent upon fulfilling all requirements set forth herein. Winner is solely responsible for any and all expenses, relative to participation in the Promotion (including acceptance of any prize) not specified herein.
10. ENTRY ERRORS/ NO RETURN OF ENTRIES; DISPUTES. Neither Sponsor nor Promoters are responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Neither Sponsor nor Promoters are responsible for any unavailability of or interruptions to any service or equipment used in connection with the Promotion, including, without limitation, (1) interruptions to any network, server, internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. Once submitted, entries become the sole property of Sponsor and will not be acknowledged or returned. In the event of a dispute, the authorized account holder at the time of entry will be deemed to be the Entrant. Potential winner will be required to show proof of identification, and Sponsor may require that the potential winner provide proof that his/her identification matches the user information on its Site associated with the winning entry (both at the time of entry and at the time of verification of a potential winner). SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY POTENTIAL WINNER IF IT DETERMINES, IN ITS SOLE DISCRETION, THAT ANY USER INFORMATION WAS CHANGED OR FALSIFIED IN ORDER TO MEET ELIGIBILITY REQUIREMENTS.
11. CONDITIONS OF PARTICIPATION. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions. The decisions of the Sponsor in regard to all matters of this Promotion are final and binding. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Promotion if, in the Sponsor’s sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Promotion, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm, other natural disaster, act of God or force majeure; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). In the event that the PLL Season is postponed, terminated early, or cancelled for any reason (whether or not in Sponsor’s control) Sponsor reserves the right to award prizes based on scores at the time the season is disrupted, or to cancel, modify or suspend the Promotion entirely, at its discretion.
12. DISCLAIMERS. Prizes Provided “As Is.” Except as expressly provided to the contrary in writing by the PLL, this Promotion and each of the Prize are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or conditions of any kind, either express or implied. Neither PLL nor its suppliers make any warranty that this Promotion or any of the Prizes: (I) will meet requirements or expectations; (ii) will be available on an uninterrupted, timely, secure, or error-free basis; or (iii) will be accurate, reliable, complete, legal, or safe. PLL disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement related thereto. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence. Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
13. RELEASE AND INDEMNITY. By participating in this Promotion or receiving a prize, Entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, Promoters and each of their respective related companies, and all of their respective officers, directors, employees, consultants, and agents (collectively, the “Released Parties”) for any liability, loss, injury, death, or damages of any kind to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Promotion (or related activities) or the acceptance, possession or use/misuse of a prize.
14. GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
15. LIMITATIONS OF LIABILITY. The Released Parties do not make any representation, warranty, or guarantee, express or implied, relating to the Promotion or prizes, and Entrants understand and agree that the Released Parties shall not be responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Promotion; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Promotion; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, access to, copying or downloading materials from premierlacrosseleague.com or any other website, or receipt or use of any prize.
16. DISPUTE RESOLUTION; ARBITRATION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with PLL and limits the manner in which you can seek relief from us, which may alter your legal rights.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your participation in the Promotion or the Prizes offered or distributed thereby, or to any aspect of your relationship with PLL, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal team at firstname.lastname@example.org. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at :http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352- 5267.
- WAIVER OR JURY TRIAL. You and PLL hereby WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PLL are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE CLASS BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of New York. All other claims shall be arbitrated.
- Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Premier Lacrosse League, Attn: Legal Department, 615 N. Nash Street, Unit 202, El Segundo, CA 90245 within 30 days of the opening of the Auction, with a copy to email@example.com. The written notice must provide the email address you used to set up your account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
17. LIMITATION OF LIABILITY. To the fullest extent permitted by law any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to New York’s choice of law rules, governs the Promotion and all aspects related thereto.
19. OFFICIAL RULES; WINNERS LISTS. For a copy of the Official Rules and/or list of winner, email the Sponsor at the email address below with a subject titled “OFFICIAL RULES; WINNERS LISTS” with your request. Requests must be received within thirty (30) days following the end of the Promotion (i.e., by October 19, 2021).
20. ADDRESS; COPYRIGHT. Sponsor is responsible for the Promotion and awarding of prizes. Sponsor’s address is Premier Lacrosse League, Inc., 615 N. Nash Street, Unit 202, El Segundo, CA 90245. Sponsor’s e-mail address for requests in Section 17 is legal@Premierlacrosseleague.com. Premier Lacrosse League, service marks, copyrights and other intellectual property are proprietary to the Premier Lacrosse League. All rights reserved.