Contest Rules

  1. GENERAL INFORMATION:

    NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.  YOU HAVE NOT YET WON. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.  CONTEST VOID WHERE PROHIBITED BY LAW, RULE OR REGULATION AND OFFERED ONLY IN THE 48 UNITED STATES (EXCLUDING RESIDENTS OF NEVADA AND WASHINGTON STATE); CONTEST IS OPEN ONLY TO LEGAL RESIDENTS, AGE 18 OR OLDER, AND OF THE AGE OF MAJORITY IN THEIR JURISDICTION.

    ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ENTRIES INTO EACH CONTEST AND YOUR SUCCESS IN PARTICIPATING IN EACH CONTEST. CERTAIN RESTRICTIONS APPLY. PLEASE READ THESE CONTEST RULES IN THEIR ENTIRETY.

    By participating in contests offered by Barstool Bets (each, a “Contest”), you agree to be bound by these Contest Rules. Please read these Contest Rules before entering a Barstool Bets contest. Failure to comply with these Contest Rules may, in the sole discretion of Barstool Sports, Inc. (“Sponsor” or “Barstool”), result in the disqualification from one or more of Sponsor’s contests. You must meet the eligibility requirements and follow the Contest Rules regarding participation as set forth here and on each Contest Page (as described below). Sponsor reserves the right to cancel, modify or suspend the Promotion at any time in its sole discretion.

    **All third-party trademarks mentioned or portrayed in any Contest (as defined below) or in any advertising associated with a Contest are the property of their respective trademark owners.

  2. CONTEST DESCRIPTION/SPONSOR:

    At any given time, Barstool Bets will be running multiple free-to-play Contests. Each such Contest will have its own “Contest Page” on the Barstool Bets website (barstoolbets.com) which will set forth the particular details of the Contest, such as the start and end time (each Contest will end when the last event in the applicable Contest is final), the specific parameters and instructions for competing, and the prize(s) being awarded. These Contest Rules will apply to each and every Contest offered through Barstool Bets.

    The Contests are sponsored by Barstool, with an address of 333 7th Avenue, 2nd Floor, New York, NY 10001. Each Contest will begin and end at the times set forth on the applicable Contest Page (the “Entry Period”).

  3. WHO CAN PLAY:

    The Contests are open only to natural persons who (i) have a free registered account with Barstool Bets, (ii) are at least 18 years of age or older and of the age of majority in their jurisdiction (at the time of entry); (iii) are not residents of Nevada or Washington state, whose residents may not enter the Contests; and, (iv) are eligible to enter the Contests as set forth in these Contest Rules. Residents outside of the United States and residents of any other jurisdictions where the Contests are prohibited or restricted by applicable law are not eligible to enter the Contests. Employees of Barstool and its respective parent companies; affiliates; subsidiaries; co-sponsors (including companies providing prizes for any Contest), product endorsers, advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to Barstool through an outsourcer or temporary employment agency during the Entry Period; and their respective immediate family members and persons living in their same household are not eligible to participate in a Contest.

    An individual may not enter a Contest if such person is a person (a) with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of Treasury (including those named on OFAC’s Specialty Designated and Blocked Persons List) or under state or executive order or (b) who is acting, directly or indirectly, for or on behalf of any such person. Contests are subject to all applicable federal, state, and local laws and regulations. By participating in a Contest, entrants agree fully and unconditionally to these Contest Rules and Barstool’s decisions, which are final and binding in all matters related to each Contest. Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein. In the event any party challenges a term or provision of these Contest Rules, the party hereby expressly waives any and all opportunities to recover any amount, or collect any prize, from Sponsor relating to any Contest or otherwise.

  4. HOW TO ENTER:

    During the Entry Period, an entrant must follow the instructions on the applicable Contest Page. For an entry to be valid, the entrant must use at least one point provided in connection with a prediction; an entrant that does not use any of the points provided at the beginning of a Contest will not be eligible to win.

    No other method of participation will be accepted. No drawings, sweepstakes, raffles or other elements of chance are utilized to determine the Prize winner.

    AN ENTRANT MAY ONLY SUBMIT ENTRIES FROM ONE BARSTOOL BETS ACCOUNT. ENTRIES RECEIVED BY ONE ENTRANT FROM MULTIPLE ACCOUNTS SHALL BE DISQUALIFIED. CERTAIN CONTESTS WILL ONLY ALLOW ONE ENTRY PER ENTRANT WHILE OTHERS WILL ALLOW MULTIPLE ENTRIES PER ENTRANT, SO LONG AS SUCH ENTRIES ARE SUBMITTED THROUGH ONE ACCOUNT. WITHOUT LIMITING THE FOREGOING, BARSTOOL MAY AT ANY TIME IMPOSE A LIMIT ON HOW MANY CONTESTS A USER MAY ENTER IN ANY GIVEN TIME PERIOD. See the applicable Contest Page for more details. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

    Barstool’s designated server’s clock will be the official time keeper for the Contest and will be used when determining eligible entrants. Please note that all times are based on the Eastern Time Zone so plan accordingly. All determinations of eligibility, scoring and winners shall be final and binding in Barstool’s sole discretion. For the avoidance of doubt, Barstool may not provide entrant with confirmation of Contest entry. Odds of winning a prize in a Contest depend on the number of individuals entering a Contest, and each individual’s success in participating in each Contest.

  5. HOW TO PLAY:

    In general, instructions on how to play each Contest will be found on its Contest Page. Unless otherwise described on a Contest Page, most Contests (which are free-to-play) will provide an entrant with a set number of points that the entrant will then use to make any number of predictions made available in that particular Contest (e.g., head to head matchups, over/unders, etc.). All points predictions will be subject to the odds, lines, and other parameters set forth in the applicable Contest. Points provided at the beginning of the Contest and not used will count towards an entrant’s final point total so long as the entrant uses at least one point in connection with a prediction. No points can be used on games or predictions which have been marked closed or “locked”. Listed Contest lock times may be based on the expected start time of applicable matchups but may be changed by Barstool to accommodate late or early starts in applicable games, or for any other reason, in Barstool’s sole discretion. If a matchup is mistakenly left unlocked after an event has begun, Barstool may lock the event late or cancel the event altogether, in its sole discretion.

    THE CONTEST IS BEING PROVIDED FOR YOUR ENTERTAINMENT ONLY. ANY POINTS PROVIDED TO AN ENTRANT WILL BE PROVIDED FOR FREE AND WILL NOT REQUIRE PAYMENT OR PURCHASE OF ANY KIND. SUCH POINTS CAN ONLY BE USED FOR THE PURPOSES OF PARTICIPATING IN THE APPLICABLE CONTEST AND HAVE NO REAL- WORLD VALUE WHATSOEVER. ENTRANTS ARE STRICTLY PROHIBITED FROM TRADING, SELLING, BUYING OR OTHERWISE TRANSFERRING ANY POINTS IN ANY MANNER WHATSOEVER. POINTS ARE ONLY AVAILABLE FOR EACH INDIVIDUAL CONTEST AND DO NOT ROLL OVER FROM CONTEST TO CONTEST.

    Barstool shall have the right to disqualify any entries due to technical, legal, clearance or other problems, or which otherwise breach any of the Contest Rules, as determined by Barstool in its sole discretion. All outcomes and results will be determined by Barstool’s third party odds provider, not Barstool.

  6. CONTEST WINNER DETERMINATION:

    In general, a description of how to win each Contest will be found on its Contest Page along with an explanation as to how many entrants will win prizes. Unless otherwise described on a Contest Page, winners will generally be determined based upon the remaining total of points they have at the end of the Contest based on their resulting predictions during the applicable Entry Period. As described above, points provided at the beginning of a Contest will count towards the entrant’s point total at the end of the Contest so long as the entrant uses at least one point in connection with a prediction during the Entry Period. Predictions that result in fractional points will be rounded to the closest whole point amount. For example, a payout that results in 1.50 or 1.51 points will be rounded up to 2 points. A payout that results in 0.49 points will be rounded down to 0 points.

    Upon entry, all entrants will be required to answer a tiebreaker question of Sponsor’s choosing so that, in the event of a tie, the winner will be the tied entrant(s) who had the closest answer to the tiebreaker question. In the event that multiple tied entrants had the same answer to the tiebreaker question, applicable cash prizes will be divided equally between the tied winners, and non-cash prizes will be awarded as set forth on the applicable Contest Page or as otherwise determined by Barstool in its sole discretion.

    Tiebreaker responses are required as of October 11, 2019 for every contest moving forward. If you do not have a tiebreaker response for a contest entry after that day, you will not be considered an eligible winner for any potential ties. Please make sure you have the latest version of our mobile app to answer the tiebreaker question.

    Winner determinations will be completed within thirty (30) days of the end of the Entry Period. The decisions of Barstool will be final and binding in all matters related to the Contest. Please allow up to 60 days for distribution of prizes.

  7. NOTIFICATION:

    Barstool will make up to two (2) attempts over the 48-hour period following the winner’s determination to contact each winner via the email address associated with that user’s Barstool Bets account. If the potential winner cannot be reached during the 48-hour period in which he/she is contacted, such potential winner may be disqualified, in Sponsor’s sole discretion, and an alternate winner may be selected based on the winning criteria. The return of a potential winner's notification, prize information, or the prize as undeliverable or rejection of the prize by the potential winner will result in disqualification of the potential winner and an alternate potential winner may be selected pursuant to the winning criteria. Barstool reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners, if any. In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder of the email address associated with the winning user’s Barstool Bets account. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. With respect to each winning entry, the winner may be required to provide proof that the winner is the authorized account holder of the email address associated with the winning entry and is otherwise eligible to enter the Contest, including age and residency verification. It is each entrant’s responsibility to keep the e-mail address associated with his or her account up-to-date at all times.

  8. PRIZES:

    The prizes for each Contest, and their estimated retail value, will be set forth on the applicable Contest Page.

    No transfer, assignment, or cash or other substitution of prizes allowed except that Barstool reserves the right, in its sole and absolute discretion, to substitute a non-cash prize or prize component with a prize of comparable or greater value.

  9. PRIZE CONDITIONS:

    Except where prohibited by law, a potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form ("Affidavit/Release"). Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Contest Rules, each as determined by Barstool in Barstool’s sole discretion, then the potential winner will be disqualified and an alternate potential winner will be selected based on the winning criteria. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes.

  10. TAXES:

    All federal, state, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses (such as those associated with the use of a prize) not identified in these Contest Rules are the sole responsibilities of the winners. Each winner may be required to provide Barstool with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.

  11. THIRD PARTY MARKETPLACES:

    The Contest is being offered by Barstool Sports, Inc. only, not by Apple, Facebook, Google or any other third party through which you may have accessed or purchased the Barstool Bets app (“Marketplaces”). The Marketplaces are not responsible for the Contest and have no obligation whatsoever with respect to the Contest. Without limiting the foregoing, the Marketplaces are not responsible for addressing any claims by you or any third party relating to the Contest, including anything related to these Contest Rules or any prizes hereunder. The Marketplaces do not, in any way, sponsor, endorse or administer any Contest.

  12. RELEASE:

    By participating in the Contest, entrants, and on behalf of entrants’ heirs, executors, and administrators, agree to release, indemnify, defend and hold Barstool, the Marketplaces, and their respective parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, co-sponsors, endorsers, organizations providing or fulfilling prizes, and any other organizations/entities related to the Contest (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation or inability to participate in a Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause a Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in a Contest; (iii) any printing or typographical errors in any materials associated with a Contest; and (iv) any change in any Contest or any part of any Contest or change of any prize.

  13. LIMITATION OF LIABILITY:

    DISCLAIMERS, DISPUTE RESOLUTION AND LIMITATIONS OF LIABILITY: PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SPONSOR. The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether through the platform, by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. PRIZES ARE AWARDED “AS IS, WHERE IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE. Except where prohibited, by participating in the Contest and submitting an entry, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a winner, or any other matter relating to the Contest that cannot be resolved between such entrant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event shall attorneys’ fees be awarded. Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Barstool Bets or any other Barstool sites or apps, the Contest, any website, content, advertising or other materials used, displayed or issued in connection with the Contest, or any submission or entry, or any prize, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN A CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS 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 ALL ENTRANTS.

  14. PUBLICITY RELEASE:

    Except where prohibited, an entrant’s participation in the Contest constitutes consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by any Releasee for advertising and promotional purposes, including without limitation, inclusion on Barstool Bets or other Barstool websites or apps, in its e-mail communications and any other media chosen by Barstool without compensation.

  15. GENERAL CONDITIONS:

    By participating in a Contest, each entrant acknowledges that he/she has read these Contest Rules and agrees to be bound by them and by the decisions of Barstool, which are final and binding on all matters pertaining to the Contest. Non-compliance with these Contest Rules may result in disqualification and all associated entries will be void. Barstool reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised. Barstool reserves the right to disqualify any entrant or winner, as determined by Barstool, in its sole discretion and without liability to the entrant or winner. The Contest is subject to these Contest Rules and all applicable federal, state, provincial, and local laws and regulations. The Contest is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Contest, including the rights and obligations of the entrant and Barstool in connection with the Contest, or the construction, validity, interpretation and enforceability of these Contest Rules shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Any legal actions, suits or proceedings related to the Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in New York, New York, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Contest. Barstool may substitute prizes of equivalent value, amend the rules, or discontinue the Contest at any time for any reason. Barstool disclaims any responsibility to notify entrants of any aspect related to the conduct of the Contest. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST, INCLUDING ANY USE OF NON-PUBLIC INFORMATION OR OTHER CHEATING, MAY VIOLATE CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BARSTOOL RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW

  16. PRIVACY AND PERSONAL INFORMATION:

    Barstool may collect personal data about entrants online and use such data in accordance with Barstool’s privacy policy at https://www.barstoolsports.com/privacy-policy (“Privacy Policy”) and as set forth in these Contest Rules. Please review these Contest Rules and the Privacy Policy carefully. By participating in the Contest, entrants hereby agree to such collection and use of their personal information by Barstool, either collectively or individually, and acknowledge that they have read and accepted these Contest Rules and the Privacy Policy.

  17. FORCE MAJEURE:

    Without limiting any other provision in these Contest Rules, in the event that any of the entrants’ activities or the Releasees’ operations or activities are affected by circumstances out of their control, as determined by Barstool, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi- governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Barstool shall have the right to modify, suspend, or terminate the Contest, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof. Barstool is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages or electronic communications that go to an individual’s “spam” or “junk” folder.

  18. MISCELLANEOUS:

    The remaining terms regarding your use of the Barstool Bets site are set forth in the Terms of Use which are hereby incorporated. The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest 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. Barstool’s failure to (or decision not to) enforce any provision in these Contest Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Contest Rules, these Contest Rules shall prevail, govern, and control and the discrepancy will be resolved in Barstool’s sole and absolute discretion.

  19. WINNERS LIST:

    Barstool will announce the official winners on each Contest Page which will be displayed for a period of time to be determined by Barstool. For an Official Winners List (available after the selection of the winner), or for a copy of these Contest Rules, send a self-addressed, stamped envelope to: ‘Barstool Bets Contests’ (please specify Official Winner’s List or Contest Rules), c/o Barstool Sports, Inc., 333 7 th Avenue, 2 nd Floor, New York, NY 10001. Residents of Vermont with a return address in Vermont may omit the return postage on their Contest Rules request.

  20. GAMBLING PROBLEMS:

    Each Contest is being provided for your entertainment purposes only. Nothing of value is wagered or bet in any Contest and, as mentioned above, any points used for participating in a Contest have no real world value, cannot be sold, traded or transferred, and do not carry over from Contest to Contest.

    Nonetheless, if you have concerns about your gambling - or if you’re concerned about a friend or family member – National Council on Problem Gambling(NCPG) offers support and counseling referrals that may help you through personal, gaming-related issues. The NCPG operates a 24-hour confidential toll-free helpline that you can reach by phone or text at 1-800-522-4700 or chat at ncpgambling.org/chat. For additional information or resources relating to problems with gambling, please visit the websites for National Council on Problem Gambling and/or National Center for Responsible Gaming.

    © Barstool Sports, Inc. All Rights Reserved. These Official Rules may not be reprinted or republished in whole or part without the prior written consent of Barstool Sports, Inc.