TERMS AND CONDITIONS

Betsided NHL Playoff Challenge

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING WASHINGTON AND NEVADA) AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 21 YEARS OLD. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

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 THE CONTEST PARTIES 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.

BETTERPOOL, LLC DOES NOT PROVIDE SERVICES RELATED TO GAMBLING. THE SITE AND THIS CONTEST ARE FOR ENTERTAINMENT PURPOSES ONLY.

PLEASE READ THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. FAILURE TO COMPLY WITH THESE OFFICIAL RULES MAY (IN THE SOLE DISCRETION OF SPONSOR) RESULT IN DISQUALIFICATION FROM THE CONTEST. YOU MUST MEET THE ELIGIBILITY REQUIREMENTS AND FOLLOW THE OFFICIAL RULES REGARDING PARTICIPATION AS SET FORTH HERE. SPONSOR RESERVES THE RIGHT TO CANCEL, MODIFY OR SUSPEND THE CONTEST AT ANY TIME IN ITS SOLE DISCRETION.

1. Eligibility

NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE .

The (the “Contest”) is open only to individuals who are at least 21 years old at the time of entry, and are legal residents of the 50 United States or the District of Columbia (excluding Washington and Nevada). Void where prohibited or restricted by law. The following individuals are not eligible to enter or win a Prize: Employees, contractors, representatives, agents, directors, and officers of BetterPool, LLC (“Sponsor”) and Sportority Inc. d/b/a Minute Media (“Minute Media”), their respective parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Contest (collectively, the “Contest Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, and siblings and the “steps” of each); professional basketball players; team owners, management and personnel; sports agents; league personnel; and sports betting operators.

By participating in this Contest, Entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor in all matters relating to the Contest.

Eligible Entrants must create an account at www.RunYourPool.com (“Site”).

Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate these entry requirements, as determined by Sponsor in its sole discretion, will be disqualified from the Contest.

The Entrant must be the rightful owner of the e-mail address entered into the Contest. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the applicable e-mail account is registered. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the Entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner, and request the “winner” provide Sponsor with proof that the “winner” is the rightful owner of the associated e-mail address. Multiple Entrants are not permitted to share the same email address. Only one account may be created per person. Any attempt by any Entrant to obtain more than one account by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

2. Contest Period

The Contest commences on the first day of the Playoffs, May 2, 2022 at 12:00:01p.m. Eastern Time, and will end when the Championship is completed, on or before June 30, 2022.

3. How to Play

To enter this Contest, prior to the close of the Contest Period, entrants must: (1) create an account at www.RunYourPool.com (the “Site”), (2) join the pool on the Site located at https://www.runyourpool.com/join/?id=275397&p=zbceyw, and (3) follow BetSided on Twitter (@BetSided).

Each Entrant will rank all 16 NHL teams competing in the NHL Playoffs from strongest (16 points) to weakest (1 point). Entrants are awarded the number of points assigned to an NHL team when that team wins. Selections cannot be changed after submissions. When submitting picks, Entrants will also be asked to guess the combined final score of the championship game, which will be used as a tiebreaker in the event of a tie.

Satisfaction of each of the foregoing by the end of the Contest Period shall be considered an “Entry.” The Entry must fulfill all Entry requirements, as specified, to be eligible to win a prize. An Entry that is not complete or does not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Sponsor. You may only enter once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your Entry may be removed from eligibility at the sole discretion of Sponsor.

Points are awarded for each winning pick, with bonus points awarded for how close the Entrant is to guessing the correct series length. The winning Entrant is the Entrant with the most points at the end of the Playoffs series.

4. Winner Selection

Potential winners of all prizes will be notified by message sent to the email address or phone number Entrant used to create Entrant’s account on the Site no later than Tuesday at 6:00 PM Central Time after the Championship Game.

5. Prizes and Prize Claim

• One (1) three hundred dollar ($300) gift certificate to fanatics.com (ARV $300) (“1st Prize”);

• One (1) one hundred fifty dollar ($150) gift certificate to fanatics.com (ARV $150) (2nd Prize”); and

• One (1) fifty dollar ($50) gift certificate to fanatics.com (ARV $50) (“3rd Prize” and collectively, the “Prizes”).

If multiple Entrants tie for 1st, 2nd, or 3rd place, a random drawing will be completed to select the winner.

Odds of winning depend on number of Entrants, and the ability of the Entrants to correctly pick the outcomes of the Games.

The actual/appraised value may differ at time of Prize award. The terms and conditions of the gift cards will apply, including any expiration dates. The Prizes will be delivered via email to the email address provided by the winner at the time of Entry within 48 hours of the winner accepting the applicable Prize.

Winners are subject to verification, including verification of age and residency. Prizes are non-transferable and no Prize substitution is permitted, except at the sole discretion of the Sponsor. If a Prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a Prize with one of comparable or greater value.  No cash, prize substitution, exchange or other equivalent will be permitted except at Sponsor’s sole discretion. The Prizes are non-transferable. The value of the Prize will be taxable to winners as income. Winners are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a Prize. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the winner.

As a condition to receiving a Prize, winners must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and publicity/liability release.

Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in a Prize. Winners will be issued an IRS Form 1099 in the amount of the actual retail value of the applicable Prize and must submit a completed W9 to Sponsor for that purpose.

If a winner (i) is determined to be ineligible, (ii) fails to respond to the initial verification message within one (1) week of notification or after three (3) attempts (whichever occurs first), (iii) fails to sign and return all requested documents by the specified return date, the winner forfeits the prize in its entirety and an alternate winner will be selected based upon the criteria above. If Sponsor has selected two (2) potential winners pursuant to the procedure set forth above, and none completes the requirements herein, then that prize will not be awarded.

6. Publicity

Except where prohibited by law, each winner’s acceptance of a prize constitutes permission for the Contest Parties, Prize Providers, and their respective agents a worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.

7. Binding Nature, Waiver, Indemnification:  

By entering the Contest, you, and on behalf of your heirs, executors, and administrators, agree:

1. to be bound by these Official Rules and by all applicable laws and decisions of the Sponsor which shall be binding and final;
2. to waive any rights to claim ambiguity with respect to these Official Rules;
3. to waive all of your rights to bring any claim, action, or proceeding against the Sponsor and Minute Media and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, influencers, and endorsers (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from or any of Sponsor or the Released Parties in connection with, the Contest, any Entry, or the Prizes, including, but not limited to, personal injury, death, or damage to or loss of property, or liability for any taxes and fees, arising out of participation in the Contest or receipt or use or misuse of any Prize; and
4. 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:

1. the Contest, the Prizes, the Entries, or any other activities engaged in connection with the Contest, the Prizes, the Entry, including but not limited to your participation or inability to participate in the Contest or any other activity,
2. typographical or printing errors in these Official Rules or in any Contest materials, including but not limited to any advertising or promotional materials;
3. any change in a Prize (or any components thereof), including but not limited to, due to unavailability, or due to reasons beyond Sponsor's control,
4. any interruptions in or postponement, cancellation, or modification of the Contest,
5. human error,
6. incorrect or inaccurate transcription, receipt or transmission of any Entry,
7. any technical malfunctions or unavailability of any social network, 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,
8. interruption or inability to access any online service via the Internet due to hardware or software compatibility problems,
9. any lost/delayed data or video transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions,
10. any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries,
11. any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties or of any other third party,
12. lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or
13. the negligence or willful misconduct by you or of any third party.

8. Limitation of Liability and Release

ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE CONTEST. EACH ENTRANT 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, BUSINES OR PROFITS) ARISNG OUT OF OR IN CONNECTION WITH ANY PERSON’S PARTICIPATION IN THE CONTEST OR THE AWARD OR USE OR INABILITY TO USE THE PRIZES, OR ASSOCIATED WITH ANY ASPECT OF THE PRIZES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR OR ANY RELEASED PARTY 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.  

9. Sponsor’s Reservation of Rights

Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible for tampering with the entry process or otherwise acts in violation of these Official Rules. In addition, any attempt by an individual, whether or not an Entrant, to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.

In the event that (i) any portion of the Contest is compromised by virus, bugs, non-authorized human intervention, hackers or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts, or impairs the administration, security, fairness or proper play of the game, (ii) any Games are rescheduled or cancelled, or (iii) any other circumstances beyond Sponsor’s control, Sponsor reserves the right, at its sole discretion, to suspend or terminate all or part of the Contest.

Any such necessary changes will be noted in on the Site and in these Official Rules.

10. Governing Law and Jurisdiction/ ARBITRATION

The construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of the Contest Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules.

Except where prohibited by law, as a condition of participating in this Contest, Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any Prize (or portion thereof) awarded, shall be resolved individually, without resort to any form of class action; and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a AAA regional office in New York City, NY; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages including attorney fees; or any other damages other than for Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Entrant further waives all rights to have damages multiplied or increased.

11. Privacy

Any personally identifiable information collected during an Entrant’s participation in the Contest may be used by Sponsor for the proper administration and fulfillment of the Contest, and may also be used to send marketing and promotional emails about Sponsor’s products and services to Entrant. Entrant may opt out of such emails at any time. Eligibility to participate in the Contest is not dependent upon Entrant’s consent to receive emails and such consent will not affect Entrant’s chances of winning.^[a]

Sponsor shall have the right to post Entrant’s picks along with Entrant’s user name on the Site.

12. Winner’s List

For the names of the winners, send an email to prizes@runyourpool.com. Requests must be received no later than sixty (60) days after the end of the Contest Period.