DRAFT GURU℠ LLC PRESENTS
THE DRAFT GURU℠-2019 CONTEST
OPEN TO RESIDENTS OF THE 50 UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER (OR THE AGE OF MAJORITY IN YOUR STATE, IF DIFFERENT) AS OF THE DATE OF ENTRY. SEE ELIGIBILITY REQUIREMENTS BELOW FOR MORE DETAILS. BY ENTERING, ENTRANT AGREES THAT THE SPONSOR NOR ITS AFFILIATES SHALL BEAR ANY LIABILITY FOR, AND ENTRANTS AGREE TO RELEASE, INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY LOSSES, DAMAGES, CLAIMS, ACTIONS AND ANY LIABILITY OF ANY KIND RESULTING FROM PARTICIPATION. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE NATIONAL AND LOCAL LAWS AND REGULATIONS APPLY. THE CONTEST IS VOID IN ARIZONA, ARKANSAS, COLORADO, CONNECTICUT, DELAWARE, FLORIDA, HAWAII, IDAHO, IOWA, LOUISIANA, MARYLAND, MONTANA, NEVADA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, WASHINGTON, PUERTO RICO, GUAM, AMERICAN SAMOA, UNITED STATES TERRITORIES, POSSESSIONS, AND PROTECTORATES, FOREIGN BASED UNITED STATES MILITARY INSTALLATIONS AND WHEREVER RESTRICTED OR PROHIBITED BY LAW.
AN ENTRY FEE IS REQUIRED TO ENTER THIS SKILL-BASED CONTEST. ENTRY FEE IS NOT A BET OR WAGER. WINNER WILL BE DETERMINED BASED ON CRITERIA AS SET FORTH IN THESE RULES. AT NO TIME WILL THE WINNER BE CHOSEN BY RANDOM SELECTION.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES AND ANY ADDITIONAL RULES PROVIDED ON THE WEBSITE, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH THE NATIONAL FOOTBALL LEAGUE, INC. (“NFL”), THE NFL PLAYERS ASSOCIATION (“NFLPA”), FACEBOOK, INC. (“FACEBOOK”), TWITTER, INC. (“TWITTER”), OR INSTAGRAM LLC (“INSTAGRAM”).
SPONSOR: The sponsor of this contest is Draft Guru℠, LLC, a California limited liability company with a principal place of business at 1525 First Street, T-202, Coronado, CA 92118. (“Sponsor”).
ADMINISTRATOR: The administrator of this contest is Draft Guru℠, LLC, a California limited liability company with a principal place of business at 1525 First Street, T-202, Coronado, CA 92118, or it’s designated agent as updated.
OVERVIEW OF THE CONTEST: The Draft Guru℠ Contest-2019 draft submission period begins July 4, 2019 at 5:00:00 a.m. US Pacific Daylight Time (“PDT”) and ends September 4, 2019 at 11:59:59 p.m. PDT (the “Submission Period”). All draft submissions and draft revisions must be submitted during this time period. No other drafts or draft revisions will be accepted after September 4, 2019 at 11:59:59 p.m. PDT for The Draft Guru℠ Contest-2019. Submission received outside of the Submission Period are void. The promotional period in which the drafts are rated and prizes earned begins Sept 5, 2019 5:00:00 p.m. US Pacific Daylight Time (“PDT”) and ends at the end of the 3rd regular season after which the player was drafted, approximately December 31, 2021 at 11:59:59 p.m. PDT (the “Promotion Period”), regardless of the player’s status within the NFL. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry and Submission, each entrant unconditionally accepts and agrees to the Official Rules and any supplemental rules or guidelines on the Website and warrants that his or her entry complies with the Official Rules, any supplemental rules or guidelines, and the decisions of Sponsor.
WHO IS ELIGIBLE TO PARTICIPATE: Contest is open only to natural persons who have reached the age of majority in their jurisdiction of residence at the time of entry and who are a resident of one of the 50 United States or the District of Columbia (“Entrant”). Entrant must be at least eighteen (18) years of age to open an account and participate. In jurisdictions, territories, and locations where the minimum age for participation is greater than eighteen (18) years of age, Entrant must meet the age requirement in their local jurisdiction or territory. Entrant must be at least nineteen (19) years of age at the time of account creation if they are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if they are a legal resident of Massachusetts. Officers, directors, and employees of the following: Sponsor and its subsidiaries and affiliates (all such individuals and entities collectively referred to herein as the “Promotion Entities”); the NFL and its subsidiaries and affiliates; any NFL team, including players, coaches, scouts and its subsidiaries and affiliates; (collectively, the “Excluded Entities”) and their respective immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same household of such employees, whether or not related are not eligible to enter the Contest or win a prize. This Contest is void in Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa, Louisiana, Maryland, Montana, Nevada, South Carolina, South Dakota, Tennessee, Washington, Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law.
If you are a college athlete or expect to be one, participating in this Contest could affect your NCAA eligibility.
AGREEMENT TO OFFICIAL RULES: Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules, all additional rules or guidelines provided on the Website, and Sponsor’s and Administrator’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 in these Official Rules.
HOW TO ENTER: A standard internet connection is required to access the Website, and the Entrant is responsible for internet connection charges. There is no mail-in entry.
Each entry consists of an entry form, a team designation, player selection, and an entry fee (collectively, the “Submission”). The entry fee is $3.00 per entry. To enter, visit http://www.draftguru.net (the “Website”) and create a free account; complete an entry form with all required information, which may include your name, address, telephone number, e-mail address, team, and players; and submit along with your fee in accordance with the instructions that follow and are provided on the Website.
The teams and players are provided on the Website. There is a maximum number of two (2) Submissions for the same team per Entrant. Entrant may submit up to two (2) Submission for each of the thirty-two (32) teams available, for a total of sixty-four (64) Submissions per person. Each Submission must comply with the Sponsor Submission Guidelines, located on the Website as well as the following requirements (the “Submission Requirements”):
All Submissions must designate one of the thirty-two (32) NFL teams that participated in the player draft prior to selection of players for that year.
Once a draft is submitted, the entrant will be allowed to make revisions to their draft up until the end of the Submission Period, which is September 4, 2019 at 11:59:59 p.m. PDT. As of September 5, 2019 12:00:00 a.m. PDT, all submitted drafts during the Submission Period will be final.
Selection of players is limited to the pool of individual players that would have been available for selection at the time your designated team was eligible to select a player during the NFL Draft for 2019.
The Website’s database clock will be the official timekeeper for this Contest. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be disqualified. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information you provide in your Submission. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Submissions. Proof of submission is not proof of receipt. Submissions must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Subsequent attempts made by the same individual to submit multiple Submissions by using multiple or false contact information, accounts or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules and any supplementary rules or guidelines may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned.
Sponsor reserves the right to verify the validity and originality of any Submission and/or Entrant (including an Entrant's identity and address) and to disqualify any Entrant who submits a Submission that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
OWNERSHIP AND LICENSE: All Contest related materials, including the Submission, become the property of the Sponsor and will not be acknowledged or returned. Entry into this Contest constitutes your irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display all Contest related materials, including the Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Promotion Entities’ trademarks or copyright interest is strictly prohibited and may subject Entrant to civil and/or criminal liability. Third party trademarks remain the property of their owners.
WINNER DETERMINATION: By the mere provision of a Submission, an entrant acquires no automatic right to be awarded a prize, nor any other right except for the right to have such entry reviewed and evaluated subject to these Official Rules.
Once a Submission is uploaded to the Website it may be made available on the Website for viewing by the general public and any such posting will be deemed made at the direction of the Entrant. Judging consists of evaluation of the players selected in your Submission.
Judging – Within ten (10) days of the end of the 2019 NFL regular season, Sponsor will assign each player drafted a comprehensive detailed performance score from 0-100 using a proprietary or publicly available NFL player performance score. Each Submission will be given a total based on the sum of the performance score for each player.
After all valid Submissions are scored, Submissions will be ranked and the Entrants with the Submissions having the three highest total performance score from among all valid submissions, for each team designation, will be named potential winners, subject to verification.
In the event of a tie in the first place, second place, and/or third place ranking, or in the overall final ranking, the Entrants providing those Submissions associated with such tie will be required to complete a trivia contest based on their knowledge of NFL history, as determined by the Sponsor in its sole and absolute discretion.
PRIZES: A total of two-hundred and eighty-nine (289) prizes are available for this Contest. The total Approximate Retail Value (“ARV”) for all prizes available is $209,600.
At the end of the players 1st season, 1st Place for each team designation (total of 32) – four (4) tickets to one regular season home game for the team designated in their Submission for the 2019 draft.
At the end of the players 1st season, 2nd Place for each team designation (total of 32) – three (3) tickets to one regular season home game for the team designated in their Submission for the 2019 draft.
At the end of the players 1st season, 3rd Place for each team designation (total of 32) – two (2) tickets to one regular season home game for the team designated in their Submission for the 2019 draft.
At the end of the players 2nd season, 1st Place for each team designation (total of 32) – four (4) tickets to two regular season home games for the team designated in their Submission for the 2019 draft.
At the end of the players 2nd season, 2nd Place for each team designation (total of 32) – three (3) tickets to two regular season home games for the team designated in their Submission for the 2019 draft.
At the end of the players 2nd season, 3rd Place for each team designation (total of 32) – two (2) tickets to two regular season home games for the team designated in their Submission for the 2019 draft.
At the end of the players 3rd season, 1st Place for each team designation (total of 32) – four (4) tickets to four regular season home games for the team designated in their Submission for the 2019 draft.
At the end of the players 3rd season, 2nd Place for each team designation (total of 32) – three (3) tickets to four regular season home games for the team designated in their Submission for the 2019 draft.
At the end of the players 3rd season, 3rd Place for each team designation (total of 32) – two (2) tickets to four regular season home games for the team designated in their Submission for the 2019 draft.
At the end of the players 3rd season, the Entrant with the overall highest rated draft of all 32 teams for the 3rd season, will receive two (2) tickets to Super Bowl LVI (56) on February 6, 2022 at Los Angeles Stadium at Hollywood Park, Los Angeles, CA.
Location of seats to be determined by Sponsor based on availability.
Individual ticket to a regular season game is valued up to $100/ticket.
Individual ticket to Super Bowl LVI is valued up to $4,000/ticket.
Prize winner(s) will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the prize(s). The winner(s) may be required to provide Sponsor with a valid social security number (if winner is residing in the U.S.) before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099-Misc may be issued in the name of winner(s) for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded.
All prize winners may be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable prize. Neither Sponsor nor Administrator will replace any lost or stolen tickets, vouchers, certificates, gift cards, or other forms of prize distributed. All prizes will be delivered in a manner which is trackable and demonstrates proof of receipt by the prize winner.
WINNER NOTIFICATION AND REQUIREMENTS: Potential winners will be notified approximately 10 days after the end of judging and will be notified by phone and/or e-mail using the information provided on their entry form. Decisions of the Sponsor/Administrator are final and binding and not subject to appeal. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within the time period stated in the notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner may forfeit the applicable prize and an alternate prize winner may be selected. If at any time during the Contest the contact information for the Entrant changes, it is Entrant’s responsibility to update their account information or contact Sponsor to update the information or obtain instructions on how to update the information. If the Entrant dies or becomes incapacitated during the Contest, their legal representative may be eligible to claim a prize on behalf of the Entrant, subject to Sponsor’s sole and absolute discretion.
If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and Sponsor may, in their sole and absolute discretion, an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential alternate prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
Potential winners shall be required to complete, sign, and return within the time specified in the notification, winner verification documents including, but not limited to, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, IRS Form W9, and (where imposing such conditions is legal) a Publicity Release, Warranty of Ownership, and License (the “Prize Claim Documents”) in which the entrant warrants that he/she made the Submission and grants to Sponsor and its licensees the License described below. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. If applicable, winner’s guest(s) must sign and return a Liability Release and, where legally permissible, a Publicity Release prior to issuance of any prize. Except as set forth herein, no cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules and any supplemental or additional rules, guidelines, or reasonable requests. All portions of the prize(s) are non-assignable and non-transferable, though Sponsor reserves the right to deliver prizes to a winner’s legal representative in the case of death or incapacitation. Any prizes pictured in advertising, promotional materials, and other Contest materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between guidelines, disclosures or other statements contained in any such promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. With respect to non-cash prizes, it may be legally necessary under the United States Internal Revenue Code (as determined by Sponsor in its sole discretion) for the prize winner to pay the amount of any tax before receiving the prize.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
A potential prize winner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email account to receive email messages, or any limitations associated with receipt or delivery of voice or text messages.
Prizes are subject to any and all terms, conditions, restrictions, and limitations established by the issuer of the ticket. The prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, taxes, insurance, meals, parking fees, food, beverages, ground transportation, air transportation, lodging, incidentals, souvenirs, merchandise, tips, gratuities, gasoline, etc.) are included in the prize and all such expenses are the sole responsibility of the prize winner. Insurance is the sole responsibility of the prize winner and any companion, and prize winner and any companion acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution, or any act or omissions whatsoever by issuer of any prize provider. Neither Sponsor nor Administrator is liable for any missed prize events, opportunities, or expenses incurred for any reason, including, but not limited to or as a consequence of, delay in or denial of entry into a venue, removal from venue for any reason, flight cancellation/delay, ground transportation delay, or lack of required documentation for travel.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media in connection with the Contest and the advertising and promotion thereof and each entrant and/or prize winner hereby release the Promotion Entities from any liability with respect thereto.
DISCLAIMERS: By participating in the Contest, Entrant agrees to release, discharge, indemnify and hold harmless the Contest Entities, National Football League, Inc., The NFL Players Association, Facebook, Inc., Twitter, Inc., Instagram LLC, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrants’ participation in the Contest (including travel to/from any Contest prize destination); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation, or announcement of any Contest activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s computer or mobile device and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the Website, wireless carrier, internet service provider, or the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website, SMS text service, or social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
The Promotion Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Promotion Entities are not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Contest Entities or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by Sponsor and/or the Promotion Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Contest, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Contest or any Contest offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select prize winners from all valid entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union); labor or material shortage; transportation interruption of any kind; an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction; or any other cause not reasonably within the Sponsor’s control.
These Official Rules may be modified, updated, or amended by Sponsor and such change shall be communicated on the Website or in message sent to the email provided in your Submission. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision in these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
DATES AND DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments or releases for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefore.
GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.
Governing Law. Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Contest and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Entrant(s), shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action.
Process. Entrants, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Diego County, California 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 Contest 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 San Diego, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. To the extent permitted by law, Entrant agrees that under no circumstances will the Entrant be permitted to obtain an award for, and Entrant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased. 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 San Diego County, California.
Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Contest, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Administrator (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
Limitation of Liability. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
SEVERABILITY: In the event any provision of these Official Rules is held to be unenforceable, these Official Rules will continue in full force and effect without such provision. If any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect, in any manner, the meaning or intent of the documents or any provision hereof. These Official Rules and any and all supplementary or additional rules and guidelines are intended to be the complete, final, and exclusive statement of the terms of the agreement between each Entrant and the Sponsor relating to the subject matter.
NO WARRANTIES: ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” PROMOTION ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION: BY ENTERING, ALL ENTRANTS IN THE CONTEST, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL PROMOTION ENTITIES AND NFL, NFLPA, TWITTER, FACEBOOK, AND INSTAGRAM FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE, OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE CONTEST AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE CONTEST ENTITIES.
WINNERS LIST: For a list of winners, visit the Website. The winners’ list will be posted after winner confirmation is complete.
DISCLAIMER: This Contest is in no way sponsored, endorsed, or administered by, or associated with any third-party, unless specifically noted. Use of their trademarks or intellectual property is either licensed or used incidental to this promotion. You are providing your information to Sponsor.
SPONSOR: This Contest is sponsored by Draft Guru℠, LLC, a California limited liability company with a principal place of business at 1525 First Street, T-202, Coronado, CA 92118. Reference to third parties in connection with prizes and/or third-party websites or services are for reference or identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Contest is in no way sponsored, endorsed or administered by, or associated with, National Football League, Inc., The NFL Players Association, Facebook, Inc., Twitter, Inc., Instagram LLC, or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2019 Draft Guru℠, LLC. All rights reserved.