PLL SOCIAL SWEEPSTAKES - Official Rules
PRESENTED BY DRAFTKINGS
Important: Please read these Official Rules before entering this promotion (the “Sweepstakes”). By participating in the Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.
ANY DISPUTE RELATED TO THE SWEEPSTAKES, INCLUDING THESE OFFICIAL RULES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND NO PARTIES WILL HAVE THE ABILITY TO BRING CLAIMS VIA CLASS ACTION. PLEASE READ THESE RULES CAREFULLY.
- INTRODUCTION. The Premier Lacrosse League, Inc. (“PLL” or “Sponsor”) is offering eligible entrants the ability to win a PLL Autographed Helmet, as further described herein (the “Prize”), subject to the terms and conditions of these Official Rules.
- ELIGIBILITY. The Sweepstakes is only available to certain residents, please review these eligibility provisions closely and do not proceed with this Sweepstakes if you are not eligible. (A) Ineligible States. Residents in the State of Washington are ineligible to participate in the Sweepstakes and are ineligible to receive the Prize. (B) Eligible States. The Sweepstakes 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 twenty-one (21) 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 Sweepstakes and shall be ineligible for all Prizes: (i) directors, members, employees, interns, consultants, agents, successors, and assignees of Sponsor and DraftKings Inc. (“DraftKings”), 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.
- PROMOTION PERIOD. The Sweepstakes will begin at 3:00 PM Eastern Time on September 16, 2021 and will end at 11:59 PM Eastern Time on Sunday, September 18, 2021 (the “Promotion Period”). All entries must be received during the Sweepstakes Period and meet the other requirements in this Official Rules to be eligible to win the Prize. Sponsor’s computer (unless otherwise designated) is the official timekeeping device for the Sweepstakes. All times used in these Official Rules are Eastern Time.
- HOW TO ENTER. (A) General. To place your entry for the Sweepstakes, Entrant must comment on Sweepstakes Instagram post and follow @DraftKings_Sportsbook Instagram page. Upon completion of these steps, you will receive one entry into the Sweepstakes. (B) Data Charges May Apply. If you participate in the Sweepstakes via your mobile device (if available), you may be charged for standard data use according to the terms in your wireless service provider’s data plan. You should contact your wireless carrier for information on your data plan and to understand how you may be billed. (C) Entrant Identity. Entry must be made by the authorized account holder. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot or promotional service). Multiple participants are not permitted to share the same social media account. The social media account holder must meet the eligibility requirements herein to enter. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification at Sponsor’s discretion. A potential winner may be required to provide Sponsor with proof that they are the authorized holder of the account associated with the winning entry.
- SELECTION, NOTIFICATION, VERIFICATION, FORFEITURE OF POTENTIAL WINNER. (A) Selection. Sponsor will randomly select the name of two (2) potential winners of the Prize from among all eligible entries on September 20, 2021. The odds of winning depend on the number of entries received. (B) Notification. The potential winners will be notified via Instagram Direct Message, using the social media account provided upon entry, and will be subject to verification by Sponsor in accordance with these Official Rules. It is the sole responsibility of each entrant to provide and maintain a valid mailing address. (C) Verification. A POTENTIAL WINNER MAY NOT WIN A PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED. SPONSORS DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. (D) Forfeiture. If: (i) the Sponsor’s notification is undeliverable, (ii) the potential winner does not respond within forty-eight (48) hours of being notified, (iii) the potential winner does not return any required documents, including the Affidavit of Eligibility and Liability/Publicity Release, or (iv) the potential winner is otherwise unable to claim the Prize, the Prize will be forfeited and awarded to an alternate winner. Sponsor will hold an alternate drawing for the Prize.
- PRIZE. (A) General. The prize for each winner is one (1) autographed PLL helmet (the “Prize”), subject to the terms and conditions of these Official Rules. The approximate retail value of the Prize is $250 USD. (B) Restrictions. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any Prize or portion thereof. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes.
- CONDITIONS TO CLAIM THE GRAND PRIZE. Any potential winner, as a condition to being deemed a winner and claiming the Prize, must agree to complete and execute an Affidavit of Eligibility and Liability/Publicity Release, and/or 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 Prize winner’s name, hometown, and likeness for advertising, trade, or promotional purposes without further compensation to the winner (except where prohibited by law). The potential winner may be required to provide Sponsor or its designee with a copy of a government issued identification card containing a photo in order to claim the Prize. EACH ENTRANT ACCEPTS THAT THIS IS A CONDITION OF WINNING THE PRIZE AND IF THE ENTRANT IS A POTENTIAL WINNER AND DOES NOT AGREE TO THESE PROVISIONS IT SHALL NOT BE DEEMED THE PRIZE WINNER.
- 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 Sweepstakes, 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. The 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 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.
- 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 the Sweepstakes are final and binding. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Sweepstakes 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 THE SWEEPSTAKES 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 Sweepstakes 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 Sweepstakes, 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’s season is postponed, terminated early, or cancelled for any reason (whether or not in Sponsor’s control) Sponsor reserves the right to cancel, modify or suspend the Sweepstakes entirely, at its discretion.
- DISCLAIMERS. Prizes Provided “As Is.” Except as expressly provided to the contrary in writing by the PLL, the Sweepstakes and 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 the suppliers make any warranty that the Sweepstakes or the Prize: (i) will meet any 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 willful misconduct. 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.
- RELEASE AND INDEMNITY. By participating in the Sweepstakes, Entrants agree to release and to indemnify and hold harmless Sponsor, Promoters, DraftKings, and each of their affiliates, 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 sustained by or owing 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 the Sweepstakes (or related activities) or the acceptance, possession, use or misuse of a prize.
- LIMITATIONS OF LIABILITY. The Released Parties do not make any representation, warranty, or guarantee, express or implied, relating to the Sweepstakes or the Prize, 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 Sweepstakes; (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 Sweepstakes; (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 Sweepstakes, access to, copying or downloading materials from premierlacrosseleague.com or any other website, or receipt or use of any prize.
- 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 Sweepstakes or the Prize 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.
- 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 Sweepstakes and all aspects related thereto.
- OFFICIAL RULES; WINNERS LISTS. For a copy of the Official Rules and/or the listed winner, email the Sponsor at the email address below with a subject titled “OFFICIAL RULES; WINNER LIST” with your request. Requests must be received within thirty (30) days following the end of the Sweepstakes.
17. ADDRESS; COPYRIGHT. Sponsor is responsible for the Sweepstakes 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 is legal@Premierlacrosseleague.com. Premier Lacrosse League, service marks, copyrights and other intellectual property are proprietary to the Premier Lacrosse League. All rights reserved.