Pickswise First TD Giveaway Terms and Conditions
Promotion Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. YOU HAVE NOT YET WON. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. SOME RESTRICTIONS AND CONDITIONS APPLY.
ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES AND YOUR SUCCESS IN THE PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THE PROMOTION IS OFFERED ONLY TO LEGAL UNITED STATES RESIDENTS WHO ARE AT LEAST 21 YEARS OF AGE OR OLDER ON THE DATE OF ENTRY AND MEETING THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES. NEVADA AND WASHINGTON RESIDENTS ARE NOT ELIGIBLE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ADDITIONAL CONDITIONS APPLY, PLEASE READ THESE RULES IN THEIR ENTIRETY.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SPONSOR ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
**All third-party trademarks mentioned herein or in any advertising associated with this promotion are the property of their respective trademark owners.
By participating in the [First Touchdown] promotion (“Promotion”), you agree to be bound by these Promotion Official Rules. Please read these Promotion Official Rules before entering the Promotion. Failure to comply with these Promotion Official Rules may (in the sole discretion of Sponsor) result in disqualification from the Promotion. You must meet the eligibility requirements and follow the Promotion Official Rules regarding participation as set forth here. Sponsor reserves the right to cancel, modify or suspend the Promotion at any time in its sole discretion.
- SPONSOR: Pickswise, 1209 Orange Street, Wilmington Delaware 19801 (“Sponsor”).
- ELIGIBILITY: The Promotion is offered only to legal United States residents. Residents of Nevada and Washington state are not eligible. Players must not be officers, directors, and employees of the Sponsor, its subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production, or distribution of materials for these Promotions, and the immediate family members (grandparents, parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not). Players must also not be employees of other sports betting or daily fantasy sports sites. (“Eligible Entrants”).
A person cannot be an Eligible Entrant or winner if such person is a person (a) with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order or (b) who is acting, directly or indirectly, for or on behalf of any such person. All federal, state, and local laws and regulations apply. Individuals will be required to provide a valid identification and may be required to provide a valid taxpayer identification number or social security number to claim a prize. Individuals selected as Players (as defined below) will be required to provide consent to a background check in order to participate in the Game (defined below). All federal, state, and local taxes are the responsibility of the winner.
- PROMOTION PERIOD: The Promotion Period will begin on [9/28/21] and end on [2/7/22]. There are key dates to follow:
- [September 28th, 2021 through February 7th, 2022 ].
- HOW TO ENTER:
Participants will be entered in the Promotion each time the Participant [ Retweet, follow, reply ] following the Promotion’s rules during the Promotion Period. Each Participant must have a [Twitter] account created at the time of entry in order to be eligible for this Promotion.
- Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegal incomplete, forged, or altered entries will be accepted.
- There is a limit of one (1) entry per Participant during the Promotion Period.
- Selection of Winners: Winners shall be [chosen at random] from all eligible Entries received from Participants at the end of the Promotion Period. Subject to verification of eligibility and compliance with the terns of these Promotion Official Rules, the potential winners will be declared the official “Winners” of the Promotion. Odds of winning depend on the total number of eligible Entries received. The purchase of any goods or services will not increase any Participant’s chances of winning. All decisions of the Sponsor regarding the Promotion and the application of these Rules are final and binding.
- CONTENT RULES: The following Content Rules apply to the Promotion. Failure to follow the Content Rules will result in disqualification. Sponsor’s determination of disqualifying content will be in Sponsor’s sole discretion:
- Participants entering the Promotion concurrently with wording, depiction, or images that Sponsor considers, in its sole discretion, to be vulgar, profane, offensive, or otherwise inappropriate shall not be eligible for the Promotion.
- PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING: Sponsor will award one (1) prize of [$150] ([One hundred and fifty] U.S. dollars) to one (1) winner (the grand prize). The winner will be announced on or about [the following day of each promotion]. Sponsor will furnish an Internal Revenue Service Form 1099 to the winner and to any Player winning $600 or above. The odds of winning the prize in the Promotion will depend on the number of Eligible Entrants and each Player’s (as defined in these Rules) success in the Promotion.
- FURTHER PRIZE INFORMATION: Sponsor will determine all details of the prize in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of a prize are the sole responsibility of the winner. All decisions of Sponsor are final. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deem necessary or desirable under applicable federal, state, and local tax laws, rules, regulations, codes, or ordinances. Neither Sponsor nor or any of its agents, employees, affiliates, subsidiaries, or contractors shall have responsibility or liability for cancellations, delays, or any other change in the Promotion or of any Game and its agents, employees, affiliates, subsidiaries, or contractors are not responsible or liable for any expenses incurred as a consequence thereof.
- AWARD OF PRIZES: If you are the confirmed winner of the grand prize, you will be notified through email and/or by social media account private messaging. Sponsor may also announce you as the winner on social media and their respective websites using your first name and first initial of your last name, and your state of residence (e.g., “John S. from Colorado”). Any failure of a Winner to notify and communicate acceptance within the timeframe set forth by Sponsor will result in forfeiture of the Prize. In the event that a potential winner forfeits or is disqualified for any reason, an alternate potential winner will be selected [at random] from among all remaining eligible Entries. The $ prize will be awarded via wire transfer to your verified bank account (following your providing wire instructions) or via a check mailed to the winner, in Sponsor’s sole discretion. You are required to provide valid and current email, home address, and account payment information so that we can remit the prize to you if you are the winner.
Before awarding the grand prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Promotion Official Rules and to execute and return any required documentation, including but not limited to, an Affidavit of Eligibility, a Publicity Release, a tax acknowledgment form, and to provide other information as required to award your prize. You must execute and return all documents completed in their entirety within ten (10) business days from the date any such documents are sent to you, or you may forfeit a prize (in Sponsor’s sole discretion). If you are found to be ineligible or not in compliance with these Promotion Official Rules, decline to accept the prize, Sponsor is unable to contact you, or in the event that a prize notification is returned undeliverable, you will forfeit a prize, and Sponsor may, in its sole discretion, select an alternative potential winner from the submissions received during the Promotion Period of this Promotion.
The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or other equivalent will be allowed, except by Sponsor in its sole discretion. FEDERAL, STATE AND LOCAL TAXES, IF ANY, ARE YOUR SOLE RESPONSIBILITY.
- LIMITATION OF LIABILITY: Sponsor, [Pickswise], and Intellr Inc. and each of their officers, directors, employees, owners, affiliates, subsidiaries, agents, contractors, suppliers, and partners (Sponsor and Intellr Inc. and each of their officers, directors, employees, owners, affiliates, subsidiaries, agents, contractors, suppliers, and partners, hereinafter collectively, “Released Parties”) are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable Game entries (collectively, “Entries”); or for any error in any Entries, in the Promotion, in any Game, inability to play, or any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/social media accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of Entries or information, or the failure to capture, or loss of, any such information or of any Entries. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason, the Promotion or any Game is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, stop, modify, or suspend the Promotion or any Game. The Released Parties are expressly not liable for any harm, including but not limited to, any physical harm that may befall any person a result of participation in this Promotion, including but not limited to participating in the Promotion, making, or submitting Entries, the award or use of any prize and participation or inability to participate in any activities associated with the Promotion or of a Game.
- ELIGIBLE ENTRANT E-MAIL ACCOUNT: Entries are deemed made by the authorized account holder of the e-mail address submitted at the time of entry in the Promotion. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the associated e-mail address. The prize will only be awarded to the authorized account holder.
SOCIAL MEDIA ACCOUNT: If there is a dispute about the identity of a participant, only the authorized social media account holder at the time of entry will be accepted. Authorized account holder is defined as the natural person who is assigned a social media account by a social media company whose platform is used to participate in this Promotion. Each participant may be required to provide Sponsor with proof that the participant is the authorized account holder of the social media account associated with the individual’s Game play. All Entries must be submitted from a valid social media account. Reminder: duplicate entries will not be counted. One Game play account per person.
- BINDING NATURE, WAIVER, INDEMNIFICATION: By entering the Promotion, you, and on behalf of your heirs, executors, and administrators, agree: (a) to be bound by these Promotion Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Promotion Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Promotion, any Entries, any Game, or a prize; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Promotion, any prize, the Entries, any Game, or any other activities engaged in in connection with the Promotion, the Entries, or any prize, or any Game, including but not limited to your participation or inability to participate in the Promotion, any Game, obtain or use any prize, or any other activity, (ii) typographical or printing errors in these Promotion Official Rules or in any Promotion or Game materials, including but not limited to any instructions, advertising or promotional materials (iii) any change in the Promotion or any Game or prize (or any components thereof), including but not limited to, due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of the Promotion, including any Game, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entries, (vii) any technical malfunctions or unavailability of the any social network, other website, mobile application, telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access the any social media site or other platform, relating to the Promotion, or to submit any Entries, to play any Game, or to receive a prize, (ix) any lost/delayed data, voice, or video transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties or of any other third party, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you or of any third party.
- DISCLAIMERS, DISPUTE RESOLUTION AND LIMITATIONS OF LIABILITY: PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SPONSOR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SPONSOR: Each participant hereby forever discharges, releases, and agrees to defend, indemnify and hold harmless the Released Parties, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to participation in the Promotion, including playing any Game, or the awarding, acceptance, use or misuse of any prize, sponsorship or marketing benefits provided under the Promotion. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, including but not limited to any Game or of any prize, shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the internal laws of the State of [DE], without regard to conflict of law principles.
You agree to try to resolve any disputes informally by contacting [email@example.com]. Sponsor will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Sponsor or Intellr Inc. may bring a formal proceeding, as set forth below.
You agree to finally settle all disputes only through arbitration; provided, however, the Sponsor or Intellr Inc. shall be entitled to seek injunctive or equitable relief in the state and federal courts in [Delaware] County, [DE] 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 are 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 [Delaware]. The federal or state law that applies to these Promotion Official Rules 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 [Delaware]. 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.
The Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration and judgment upon such arbitration award may be entered in any court having jurisdiction. All participants agree to abide by the terms of these Promotion Official Rules and the decisions of the Sponsor, which are final, and waive any right to claim ambiguity in these Promotion Official Rules. In the event any party challenges a term or provision of these Promotion Official Rules, the party hereby expressly waives any and all opportunities to recover any amount from the Released Parties relating to this Promotion or otherwise. Each participant agrees to service of process by mail or other method acceptable under the laws of the State of [DE]. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE PROMOTION, IF ANY. EACH PARTICIPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. IN NO EVENT WILL SPONSOR OR ANY OF THE RELEASED PARTIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISNG OUT OF OR IN CONNECTION WITH ANY PERSON OR ENTITY’S PARTICIPATION IN THE PROMOTION OR OF ANY GAME OR THE AWARD OR USE OR INABILITY TO USE A PRIZE, OR ASSOCIATED WITH ANY ASPECT OF A PRIZE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ANY RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The Released Parties disclaim any liability from and in connection with the Promotion, any Game, the Website, any prize, or any component thereof.
Opt-Out: You can decline this agreement to arbitrate by sending a letter to Sponsor that must be postmarked within 30 days of Entry containing an arbitration provision or by sending an email to: [firstname.lastname@example.org] within the same time period. The letter or email must specify your first and last names, email, , mailing address, and explain that you are opting out of the promotion rules arbitration provision. The letter should be sent to: [email@example.com]. If you opt out of these arbitration provisions, Sponsor will not be bound by them either.
- PUBLICITY RIGHTS: By accepting a prize, you agree to allow Sponsor and each of their designees, the perpetual right to use your name, biographical information, photos and/or likeness, your Entries, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world-wide, including but not limited to on the World Wide Web and Internet (including social media) without notice, review or approval and without additional compensation except where prohibited by law; if requested by Sponsor you shall provide any requested consents.
- CONTACTS: You consent to Sponsor contacting you via your phone number or email, or social media concerning the Promotion, including notifying you if you are a winner of a prize or if you have been chosen to be a Player or an alternate. You warrant, represent, and agree that you have the right to provide your phone and email to Sponsor in connection with any Entries and the Promotion, and to have Sponsor contact you at such phone number and email, even if such phone number or email is provided by an employer. You expressly consent to Sponsor and each of their partners and affiliates’ use of your contact information, including your phone number or email, for marketing and other promotional purposes.
- SEVERABIITY: You agree that these Promotion Official Rules are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of these Promotion Official Rules. These Promotion Official Rules will be deemed amended to the extent necessary to make these Promotion Official Rules enforceable, valid and, to the maximum extent possible, consistent with applicable law and consistent with the original intention of the parties; and the remaining terms and provisions will remain in full force and effect. If any provision of these Promotion Official Rules is found by a court of competent jurisdiction to be invalid, Sponsor will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Sponsor as reflected in the original provision. The invalidity or unenforceability of any provision of these Promotion Official Rules does not affect the validity or enforceability of any other provision of these Promotion Official Rules, which will remain in full force and effect.
- SOCIAL MEDIA NETWORKS’ RELEASE: Each participant fully and completely releases each social network, as applicable, utilized to participate in this Promotion, including Facebook, Twitter, Tik Tok, Instagram and YouTube. Further, you acknowledge and agree that the Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, Tik Tok, Instagram or YouTube or any other social media platforms. All questions regarding the Sweepstakes or Sponsor must be directed to Sponsor. The integration of third-party social networking sites and applications is provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- APPLE AND GOOGLE DISCLAIMERS: You acknowledge and agree that these Promotion Official Rules are between you and Sponsor, and do not impose any obligations upon Apple Inc. (“Apple”) and Google LLC. (“Google”). You further acknowledge and agree that: Apple and its subsidiaries and Google and its subsidiaries are third-party beneficiaries under these Promotion Official Rules and that under these Promotion Official Rules, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of these Promotion Official Rules against you as a third-party beneficiary thereof. Apple and Google have no responsibility for the Promotion or any included content. To the maximum extent permitted by applicable law, Apple and Google will have no warranty obligation whatsoever with respect to the Promotion, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. Apple and Google are not responsible for addressing any of your claims or those of any third-party relating to the Promotion, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the Promotion failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. In the event of any third- party claim that the Promotion or your possession and use of the Promotion infringes that third-party’s intellectual property rights, Apple and Google will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.
- WINNER’S LIST: Winners will be announced on social media, and Sponsor’s website. Updated standings of each Player will be posted weekly on social media and on Sponsor’s website.