YAHOO SPORTSBOOK CONTEST
THESE OFFICIAL RULES CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 11 BELOW.
1. Eligibility: The Yahoo Sportsbook Contest (the “Contest”) is a contest of skill. Contest is open to players who, at the time of entry, are residents of, and physically located in, the fifty (50) United States (and the District of Columbia) and who are twenty-one (21) years of age or older (each, a “Player”). Contest is void in overseas U.S. territories, possessions, military installations, and commonwealths, and where otherwise prohibited by law. Employees, agents, successors, and assignees of Oath Inc. (“Yahoo” or “Sponsor”), BetMGM, LLC (“BetMGM”), and MGM Resorts International (prize provider) (“MGM Resorts,” and together with BetMGM, “MGM”), and their respective parent companies, affiliates, subsidiaries, advertising agencies, underwriters, and promotional companies, any other participating prize provider, and any entity involved with or otherwise providing services or prizes related to the Contest, (all of the foregoing, together with the Sponsor, collectively referred to as "Contest Entities"), and the immediate family members (parent, child, sibling, domestic partner, or spouse of any of the foregoing) and persons living in the same household as such individuals, whether related or not, are not eligible to win. All U.S. federal, state, and local laws and regulations apply. No purchase necessary to enter or win. Void where prohibited.
2. Sponsor: Oath Inc., 770 Broadway, New York, NY 10003.
3. Agreement to Official Rules: Participation in the Contest constitutes Player’s full and unconditional agreement to these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: Players can enter the Contest once each of the remaining weeks of the National Football League (“NFL”) Regular Season (11/1/20 - 1/3/21) (the “Contest Period”) during each week’s Submission Period (defined below). Each weekly submission period will begin on Saturday at 9:00 am ET and end on Sunday at 1:00 pm ET (the “Submission Period”). By way of example, the eighth week of the NFL Regular Season begins Thursday, 10/29/20—the corresponding Submission Period for this week begins on Saturday, 10/31/20 at 9:00 am ET and ends on Sunday, 11/1/20 at 1:00 pm ET. Submissions received prior to or after the applicable week’s Submission Period will be disqualified. Sponsor’s computer is the official time-keeping device for the Contest.
5. How to Participate: Login to your Twitter account and follow @YahooSportsbook and @BetMGM and “Like” and retweet the official Contest tweet per the instructions. Comment on the official Contest post listing your five (5) picks against the spreads listed in the graphic of the official Contest post using #YahooSportsbookContest. Players will be asked to include their prediction of the total number of points scored that Sunday to be used if a tiebreaker is necessary. You must be an active holder of a non-private Twitter account and be a follower of Sponsor’s and BetMGM’s Twitter Pages to be eligible to enter this Contest via Twitter (you must make sure your tweets are set to “public” and not “private”). You must have a Twitter account to enter. If you do not have a Twitter account, you can create one by visiting www.twitter.com. Twitter accounts are free.
Your participation in the Contest is governed by these Official Rules, as well as Twitter's Terms of Service. Limit one (1) Contest entry per person/per Twitter account/per Submission Period. Multiple Contest entries by the same person/Twitter account in the same Submission Period will not result in multiple entries for that person or account, and may result in all the account’s entries being voided. Players may delete their submissions and repost new ones before the applicable Submission Period deadline. By participating, you agree that Sponsor may use your Contest entry and your name, including on its social media feeds.
Winner Determination: One (1) weekly winner (each, a “Winner”) will be determined at the conclusion of each Submission Period. In order to be eligible to win the Weekly Prize (as defined below), a Player must correctly predict the five (5) winning teams against the point spreads listed on the official weekly Contest post on Twitter. Tiebreakers: At the time of Contest submission, Players will be asked to include their prediction for the total number of cumulative points scored in that Sunday’s NFL games so that in the event of multiple players correctly predicting all five (5) winning teams against the point spreads, the Player with the prediction closest to the total number of points scored will be determined the Winner. In the event a Player involved in a tie failed to include a prediction in its submission for the total number of cumulative points scored, then that Player will be disqualified. In the event of multiple Players predicting point totals of the same margin to the actual total, the Player that submitted their entry first according to Sponsor’s clock will be deemed the Winner.
In the event that no Player has correctly predicted five (5) winning teams against the point spreads listed, the Player who has predicted the most correct games will be the winner. If multiple players have predicted the most amount of games correct, the Player whose prediction for the total number of cumulative points scored in that Sunday's NFL games is closest to the total number of points scored will be the winner. In the event multiple players predict the same amount of games correct AND the total points scored on Sunday, the player who submitted their entry first according to Sponsor’s clock will be deemed the winner.
6. Winner Requirements: Potential winners will be notified by Yahoo via Twitter Direct Message at the conclusion of each Submission Period. A potential winner may be required to sign and return a Declaration of Eligibility, Liability Waiver, W-9 Form, and except where prohibited, a Publicity Release ("Declaration"), which must be received by Sponsor within a required time period, in order to claim the Weekly Prize. If a potential winner cannot be contacted, fails to sign and return the Declaration or provide other requested information within the required time period (as applicable), or does not comply with these Official Rules, the potential winner forfeits the Weekly Prize, which may, in Sponsor’s and MGM’s sole discretion, be awarded to an alternate winner if time permits, or will remain unawarded. Participation in the Contest and/or acceptance of any prize shall constitute and signify each Player’s (including Winner’s) agreement and consent that Sponsor and its designees, including any Contest Entities, may use the Player’s/Winner’s name, city, state, likeness, photograph, picture, statements about the Contest and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in perpetuity, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
7. Prizes: One (1) Winner per Submission Period will receive a getaway package at a participating MGM Resorts International property valued at up to two thousand dollars ($2,000) in approximate retail value (each, a “Weekly Prize,” and collectively, the “Prizes”).
Each Weekly Prize includes hotel accommodations for Winner and one (1) guest at a participating MGM Resorts International property located in Las Vegas, Nevada. Weekly Prizes do not include air, ground or other transportation. Transportation to/from Las Vegas is the sole responsibility of the Winners and their guests. Hotel accommodations (including, but not limited to, specific property, room type, and duration of stay) and other elements (if any) of each Weekly Prize to be determined in sole discretion of Sponsor and MGM. Certain MGM properties such as Aria Resort and Casino are excluded. $2,000 MGM Resort credit must be used by 12/26/2021 on dates approved by Sponsor and MGM. The value of each Weekly Prize is as of the printing date of these Official Rules. The difference in value as stated herein and value at time of prize notification, if any, will not be awarded in cash or otherwise. Hotel arrangements are determined by Sponsor, in its sole discretion with MGM, and must be made through Sponsor's designee. Winner will not receive the cash value or be compensated in any manner for any unused credits (i.e., food and beverage credit, spa credit, pool cabana credit, performance entertainment credit, in-room amenities credit, nightlife credit). Such credits can be used at participating MGM Resorts International owned and operated properties, facilities, and locations in Las Vegas (except Aria). Due to availability and/or other limitations, MGM Resorts International reserves the right to substitute specific types of resort credits for alternate types of resort credit. Prizes do not include gratuities, in-room charges, travel expenses, transfers, taxes, bag check fees, air/ground transportation, any other item or expense not specifically described in these Official Rules (or not described in any authorized notification sent to a Weekly Prize Winner), and all additional expenses, if any, are the sole responsibility of the Winner. Each Weekly Prize Winner and companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor and/or MGM has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor and/or MGM will not replace any lost or stolen tickets, travel vouchers or certificates. Contest Entities are not liable for any expenses as a consequence of flight cancellation/delay or other travel delays. The Winner of each Weekly Prize will be required to present a valid government-issued photo identification and provide a valid major credit card at the time of hotel check-in. Each stay must be taken on dates and times designated by Sponsor and/or MGM or the Weekly Prize will be forfeited in its entirety and may be awarded to a runner-up in accordance with the winner selection process set forth in these Official Rules if time permits. Sponsor reserves the right to change dates. Sponsor reserves the right to select hotels in its sole and absolute discretion. Each Winner’s guest must be twenty-one (21) years of age or older and will be required to sign and return to Sponsor a Travel Release form prior to the trip, by a deadline to be determined by Sponsor. All Winners and guests are responsible for obtaining all necessary travel documents prior to travel. It is the responsibility of each Winner and his/her companion to provide proper documentation (including government issued picture identification). If a designated prize activity/event (if any) is canceled or postponed for any reason, Sponsor will substitute that event/activity with an item/event/activity of comparable or greater value as determined solely by Sponsor and no additional compensation or prize will be awarded to Winner in such event. All Winners and their guests must comply with properties’/facilities’/venues’ rules and regulations. Failure to do so may result in forfeiture of applicable prize element. All Weekly Prize details are at Sponsor's sole discretion. Once a Winner’s travel companion is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Contest Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the hotels, venue operators, transportation companies, prize providers or any other persons providing any trip prize-related services or accommodations. Contest Entities are not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. In the event a Weekly Prize Winner (and/or his/her companion) engage in behavior that (as determined by Sponsor, MGM or any prize provider in their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early.
Prizes are non-transferable and non-assignable, with no cash redemptions except in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a Prize (or any portion thereof) with one of comparable or greater retail value in its sole and absolute discretion. Specifics of all Prizes are at the sole discretion of the Sponsor. The Winner of a Prize is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). Sponsor and MGM make no warranties, express or implied, relative to the use or enjoyment of a Prize or portions thereof, including without limitation, its quality, merchantability or fitness for a particular purpose.
8. Release: By participating in the Contest, Players agree to release and hold harmless Contest Entities and Twitter from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Player’s participation in the Contest or receipt of any prize(s). Player further agrees that in any cause of action, Contest Entities’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall Contest Entities be liable for attorney’s fees. Player waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
9. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: Contest Entities assume no responsibility or liability for lost, late, misdirected, incomplete, jumbled, garbled, or scrambled entries or communications, or for theft, destruction, or unauthorized access to, entries or communications. Contest Entities assume no responsibility for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest, by any technical or human error which may occur in the processing of submissions, data entered by Players, or registration in the Contest. Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, effects of hackers, software, email, players, or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing, that may occur. Contest Entities assume no responsibility for any injury or damage to Players or to any computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest, or any of its respective components are not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures of any kind, whether human, mechanical, or electronic, or any other causes beyond the control of Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, or the affected component thereof, and, in its sole discretion, to award Prizes only within that portion of the Player group not affected by the disruption. In addition, should the 2020 professional football season be postponed, shortened, interrupted, modified, or cancelled for any reason, Sponsor reserves the right at its sole discretion to award one or more of the promoted Prizes at the time the 2020 professional football season is affected, or to cancel, terminate, modify, or suspend the Contest without awarding some or all of the promoted Prizes. Contest dates are subject to change as a result of any changes made to the dates of the professional football season.
11. Disputes: BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE. YOU AND SPONSOR BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE OFFICIAL RULES OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, YOU AND SPONSOR ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND SPONSOR ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. We also both agree that:
- Notice of Dispute. If either you or Sponsor intends to arbitrate under these Official Rules, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Sponsor should be sent to Sponsor either by mail to Oath, Attn: Disputes, 701 First Avenue, Sunnyvale, CA 94089; or firstname.lastname@example.org. Notice to you will be to your email address(es) and street address(es), if any, that Sponsor has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then file a claim for arbitration.
- Arbitration Procedure. The Federal Arbitration Act applies to these Official Rules. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association ("AAA"), which will apply the AAA's Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get additional information from the AAA (www.adr.org). These Official Rules govern to the extent they conflict with the AAA’s Rules.
- Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in your county of residence or Santa Clara County, California provided that your Dispute meets the requirements of the small claims court.
- Arbitration Location. Unless you and Sponsor agree otherwise, the arbitration must take place, or the small claims action must be filed, in the county of your primary residence or Santa Clara County, California.
- Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
- Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof, but the remainder of the agreement to arbitrate will be binding and enforceable. The parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
CLASS ACTION WAIVER. THESE OFFICIAL RULES DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE OFFICIAL RULES CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPONSOR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
Choice of Law. These Official Rules and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of New York without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
Forum. If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Official Rules, or the relationship between you and Sponsor, will be brought exclusively in the courts located in the county of New York, New York or the U.S. District Court for the Southern District of New York. In such cases, you and Sponsor agree to submit to the personal jurisdiction of the courts located within the county of New York, New York or the Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
13. Winners List: The names of the prize winners may be obtained following winner selection and confirmation by sending a self-addressed stamped envelope to: Mad Bets Contest, c/o Yahoo Sports, 770 Broadway, New York, NY 10003. Requests must be received by March 1, 2021.
© 2020 Verizon Media. All rights reserved.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter.
Sports leagues or teams (including, but not limited to, the National Football League or their affiliated clubs or unions) are not sponsors or participants of this Contest in any way and will have no liability or responsibility for any claim arising in connection with participation in the Contest or any prizes awarded.