By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below. NO PURCHASE NECESSARY. Promotion void where prohibited by law. Subject to applicable federal, state, and local laws.
ANY DISPUTE RELATED TO THE PROMOTION, INCLUDING THESE OFFICIAL RULES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
INTRODUCTION. Betfred Sports (Ohio), LLC (“Betfred” or “Sponsor”) is offering eligible entrants the ability to win a variety of prizes (the “Prize” or “Prizes”), subject to the terms and conditions of these Official Rules.
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) Eligible States. The Promotion is open to legal individual residents of Ohio, Michigan, Indiana, Kentucky, West Virginia, and Pennsylvania, who are at least twenty-one (21) years or older, and who have a valid e-mail address and government-issued photo identification (each, an “Entrant” or “you”). This Promotion is void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. (B) 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 Sponsor and Betfred, 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 Promotion will begin at 3:00 PM Eastern Time on September 16, 2022 and will end at 11:59 PM Eastern Time on Saturday, December 31, 2022 (the “Promotion Period”). All entries must be received during the Promotion 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 Promotion. All times used in these Official Rules are Eastern Time.
HOW TO ENTER. (A) General. To place your entry for the Promotion, Entrant must (1) follow Betfred’s Twitter, Instagram, TikTok, or Facebook account and (2) submit their name, date of birth, and valid email address via the form found at betfredsports.com/ohio. Upon completion of these steps, you will receive one entry into the Promotion. (B) Data Charges May Apply. If you participate in the Promotion 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 named entrant. 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 potential winners of the Prizes from among all eligible entries during future social media events to be announced independently. The odds of winning depend on the number of entries received. (B) Notification. The potential winners will be notified via live social media events and email, using the email 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 PROMOTION. (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 Prizes, the Prizes will be forfeited and awarded to an alternate winner. Sponsor will hold an alternate drawing for the Prizes.
PRIZE. (A.) Prizes include Bengals suite ticket packages, Bengals ticket packages, and bets that can be used at oh.betfredsports.com pending approval from the applicable gaming regulators. Final prizes and their values will be announced separately. All Pre-Registered customers that sign up with the same email address will receive a $20 Fred Bet to be used on any market of their choice at oh.betfredsports.com. (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.
CONDITIONS TO CLAIM THE 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, including taxation disclosures, as 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 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. 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 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 THE 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 Betfred does not launch in Ohio, has it’s operations terminated early, or cancelled for any reason (whether or not in Sponsor’s control) Sponsor reserves the right to cancel, modify or suspend the Promotion entirely, at its discretion.
DISCLAIMERS. Prizes Provided “As Is.” Except as expressly provided to the contrary in writing by Betfred, the Promotion 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 Betfred nor the suppliers make any warranty that the Promotion 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. Betfred 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 Promotion, Entrants agree to release and to indemnify and hold harmless Sponsor, Promoters, Betfred, 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 Promotion (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 Promotion 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 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 betfredsports.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 Betfred 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 Prize offered or distributed thereby, or to any aspect of your relationship with Betfred, 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. 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 Betfred 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 Betfred 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 Nevada. All other claims shall be arbitrated.
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. Nevada law, without reference to any choice of law rules, governs the Promotion 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 Promotion.
ADDRESS. Sponsor is responsible for the Promotion and awarding of prizes. Sponsor’s address is Betfred, 4530 S. Decatur Blvd., Suite 202, Las Vegas, NV 89103. Sponsor’s e-mail address for requests is email@example.com