Betsperts Survivor Pool
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIB ITED OR RESTRICTED BY LAW.
BETSPERTS, INC. AND RUNYOUROFFICEPOOLS, LLC DO NOT PROVIDE REAL MONEY BETTING. THE SITE AND THIS CONTEST ARE FOR ENTERTAINMENT PURPOSES ONLY AND FREE TO PLAY.
1. Eligibility
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
The Betsperts Survivor Pool (“Contest”) is open only to legal residents of the 50 United States or the District of Columbia (excluding Washington and Nevada) who are at least eighteen (18) years old or the age of public contest or sweepstakes eligibility in their jurisdiction (whichever age is higher) at the time of entry. Void where prohibited or restricted by law. The Contest is subject to all applicable federal, state and local laws and regulations. Entrants are responsible for determining whether the Contest is legal and compliant with all regulations in the jurisdiction in which the entrant resides.
The following individuals are not eligible to enter or win a Prize: Employees, contractors, representatives, agents, directors, and officers of Betsperts, Inc. (“Sponsor”) or of RunYourOfficePools, LLC (“RunYourOfficePools”), their respective parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Contest (collectively, with Sponsor and RunYourOfficePools, “Contest Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, and siblings and the “steps” of each); professional football players; team owners, management and personnel; sports agents and their employees; league personnel; and sports betting operators and their employees.
Eligible entrants must create an account at www.RunYourPool.com (the “Site”).
By participating in this Contest, entrants agree to be fully and unconditionally bound by these official rules (“Official Rules”), the Site Terms of Service, Privacy Policy and by the decisions of the Sponsor in all matters relating to the Contest.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate these entry requirements, as determined by Sponsor in its sole discretion, will be disqualified from the Contest.
Winning a Prize is contingent upon fulfilling all requirements set out in the Official Rules.
The entrant must be the rightful owner of the e-mail address entered into the Contest. Entrants may be requested to provide the Sponsor with proof that the entrant is the authorized account holder of the email address associated with the Entry. Entrants are only allowed one entry. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the applicable e-mail account is registered. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner. Use of any script, macro or other automated system to participate is prohibited and will result in disqualification. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
2. Sponsor
The Sponsor of the Contest is Betsperts, Inc.
3. Contest Period
The Contest commences on July 1, 2023 at 12:00:01 a.m. Eastern Time, and ends on January 13, 2024 11:59:59 p.m. Eastern Time (“Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest.
4. How to Play
To enter this Sweepstakes, entrants must create an account on www.RunYourPool.com (the “Site”) and follow the directions in Section 4 and 5 (below).
Each Entrant must choose one (1) NFL team each week starting in Week 1 of the NFL season and throughout the remainder of the NFL Regular Season, with the exception of weeks 8, and 12, where players will select two (2) teams in each of those weeks. Picks are made "straight up", not using a point spread system. If an Entrant makes an incorrect pick, they shall be eliminated from the Sweepstakes for the remainder of the season. NFL regular season. If an entrant’s pick(s) wins that week, the entrant shall advance and be eligible to make a pick (or picks) for the following week.
Each NFL Week shall begin at kickoff of Thursday Night Football and run through the end of Monday Night Football or the last game of the week, whichever occurs later. Pick for each week must be made no later than 1:00 Eastern Time on Sundays (“Pick Deadline), with the exception of week 1 which must have picks made on the Site by 7:00 PM Easter Time on September 11, 2023. Picks for earlier games must be made by the respective scheduled kickoff time.
Selections for week 2 through 16 cannot be made or changed after 1:00 pm Eastern Time on Sundays (or 1:00 pm Eastern Time for Week 16 games). Any entrant who fails to enter picks before the pick deadline will result in a loss for the week and elimination from the Sweepstakes. Any regular season NFL games that are postponed, rescheduled or “flexed” shall count towards the weekly contest corresponding to the regular season week in which they are played. If the postponement of a regular season game that an entrant has picked as one of their weekly picks results in that game being played at a later date and as part of a different regular season week of games, that pick shall result in a loss for the entrant.
Satisfaction of each of the foregoing by the end of the Sweepstakes Period shall be considered an “Entry.” The Entry must fulfill all Entry requirements, as specified, to be eligible to win a prize. An Entry that is not complete or does not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Sponsor. You may only enter once and you must fill in all of the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your Entry may be removed from eligibility at the sole discretion of Sponsor.
Scoring
Entrants shall continue making their weekly pick(s) until they are eliminated. The last entrant to remain alive (i.e. not eliminated) shall be the winner. If no entrants remain alive at the conclusion of Week 18, then the winner(s) shall be the last remaining entrant(s) after Week 17, and so on.
Tie-Breaker
If two or more Sweepstakes entrants are tied for a prize, those entrants will make a prediction for total points scored in the first week of the NFL playoffs for all games. Whoever is closest to the actual point total during week 1 of the playoffs will win. In the event that there is still a tie, the user that submits a point total prediction under the actual point total will win. If the entrants predicted the exact same point total prediction the winner will be selected at random by the Sponsor.
5. Prizes
The total Approximate Retail Value (“ARV”) will vary based on results. No individual award will exceed $5,000.00 in ARV. Prizes will be awarded to the number 1 entrant:
6. Winner Selection
Potential winners of all Prizes will be notified by message sent to the email address provided in their account on the Site. Potential winners will be notified by 6:00 pm Eastern Time on Wednesday, January 17, 2023. Potential winners who have not provided a valid or accurate email address during the creation of their RunYourPool.com account may be disqualified and forfeit their Prize(s). Potential winners who no longer have an account with RunYourPool.com at time of notification may be disqualified and forfeit their Prize(s).
Odds of winning depend on the total number of entrants, and the ability of the entrants to pick the optimal outcome of the survivor pool tournament.
Winners are subject to verification, including verification of age and residency. Prizes are non- transferable and no Prize substitution is permitted, except at the sole discretion of the Sponsor. If a Prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a Prize with one of comparable or greater value. The value of the Prize will be taxable to winners as income, to the extent taxes apply. Winners are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a Prize.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE CONTEST PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
As a condition to receiving a Prize, winners must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in a Prize. All Prize winners of $600 or more will be issued an IRS Form 1099 in the amount of the actual retail value of the applicable Prize and must submit a completed W9 to Sponsor for that purpose.
If a winner (i) is determined to be ineligible, (ii) fails to respond to the initial notification message within one (4) days of notification or after three (3) attempts (whichever occurs first), (iii) fails to sign and return all requested documents by the specified return date, or (iv) or otherwise fails to fully comply with these Official Rules, the winner forfeits the prize in its entirety and an alternate winner may be selected based upon the criteria above. If Sponsor has selected three (3) potential winners for the Grand Prize pursuant to the procedure set forth above, and none completes the requirements herein, then that Prize will not be awarded.
7. Publicity
Except where prohibited by law, each winner’s participation in the Contest constitutes permission for the Contest Parties, and their respective designees and agents a worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the entrant’s name and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.
8. Binding Nature, Waiver, Indemnification
As used herein, “you” and “your” refer to entrants in the Contest. By entering the Contest, you, and on behalf of your heirs, executors, and administrators, agree:
1. to be bound by and comply with these Official Rules and by and with all applicable laws and decisions of the Sponsor which shall be binding and final;
2. to waive any rights to claim ambiguity with respect to these Official Rules;
3. to waive all of your rights to bring any claim, action, or proceeding against the Contest Parties and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, influencers, and endorsers (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from or any of Sponsor or the Released Parties in connection with the Contest, any Entry, or the Prizes, including, but not limited to, personal injury, death, or damage to or loss of property, or liability for any taxes and fees, arising out of participation in the Contest or receipt or use or misuse of any Prize; and
4. to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with:
1. the Contest, the Prizes, the Entries, or any other activities engaged in connection with the Contest, the Prizes, the Entry, including but not limited to your participation or inability to participate in the Contest or any other activity,
2. typographical or printing errors in these Official Rules or in any Contest materials, including but not limited to any advertising or promotional materials;
3. any change in a Prize (or any components thereof), including but not limited to, due to unavailability, or due to reasons beyond Sponsor's control,
4. any interruptions in or postponement, cancellation, or modification of the Contest,
5. human error,
6. incorrect or inaccurate transcription, receipt or transmission of any Entry,
7. any technical malfunctions or unavailability of any social network, website, mobile application, telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you,
8. interruption or inability to access any online service via the Internet due to hardware or software compatibility problems,
9. any lost/delayed data or video transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions,
10. any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries,
11. any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties or of any other third party,
12. lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or
13. the negligence or willful misconduct by you or of any third party.
9. Limitation of Liability and Release
The Contest Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Contest; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, social networking posts, or registrations, the announcement of the Prizes, or in any other Contest-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Contest.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE CONTEST. EACH ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. IN NO EVENT WILL SPONSOR OR ANY OF THE RELEASED PARTIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ANY PERSON’S PARTICIPATION IN THE CONTEST OR THE AWARD OR USE OR INABILITY TO USE THE PRIZES, OR ASSOCIATED WITH ANY ASPECT OF THE PRIZES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR OR ANY RELEASED PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Sponsor’s Reservation of Rights
Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible for tampering with the entry process or otherwise acts in violation of these Official Rules. In addition, any attempt by an individual, whether or not an entrant, to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.
In the event that (i) any portion of the Contest is compromised by virus, bugs, non-authorized human intervention, fraud, hackers or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts, or impairs the administration, security, fairness or proper play of the game, (ii) any games are rescheduled or canceled, or (iii) any other circumstances beyond Sponsor’s control, Sponsor reserves the right, at its sole discretion, to suspend or terminate all or part of the Contest. Any such necessary changes will be noted on the Site.
In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sponsor and may be changed from time to time without notice.
11. AGREEMENT TO ARBITRATE & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. YOU, BETSPERTS, INC. AND RUNYOUROFFICEPOOLS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
1. You hereby agree that, except as provided in Section 12.F below, any claim, dispute, or controversy between you and any Contest Party, whether brought by you or by a Contest Party, arising out of or relating in any way to the Contest, your use of the Site or any of the Contest content must be resolved through final, binding, and confidential arbitration administered by JAMS in accordance with the then-current Streamlined Arbitration Rules and Procedures for commercial contracts (the “JAMS Rules”), except that a party may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or a Contest Party have the option to bring claims in court to seek temporary or preliminary injunctive relief without seeking damages, in any court of competent jurisdiction. If the JAMS Rules conflict with any portion of these Official Rules, these Official Rules shall control. The parties will mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, JAMS will choose the arbitrator. In rendering an award, the arbitrator shall apply the governing law stated in Section 15, except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
2. The arbitration of any claims or disputes hereunder shall be conducted in Atlanta, Georgia, USA. You or the Contest Party may also choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules, including, if you are an individual, the JAMS Consumer Arbitration Minimum Standards. Each party will bear its own attorneys' and experts' fees in connection with any dispute governed by this agreement to arbitrate.
3. Unless you opt-out of arbitration as set forth below, and except with respect to the class arbitration waiver as set forth in Section 12.D below, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to interpretation, applicability, unconscionability, formation, arbitrability, and/or enforceability of this arbitration provision, including any challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity (including injunctive and declaratory relief and statutory damages), as a court would. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
4. You agree that an arbitration will be conducted on an individual, and not a class-wide, basis. An arbitrator will have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to the extent of their individual claims. YOU ACKNOWLEDGE AND AGREE THAT UNLESS OTHERWISE AGREED IN WRITING BY YOU AND SPONSOR, WITH REGARD TO ANY CLAIMS HEREUNDER, YOU WILL NOT BE ENTITLED TO SEEK TO, AND AN ARBITRATOR OR COURT MAY NOT, JOIN OR CONSOLIDATE YOUR CLAIMS WITH ANY OTHER SIMILAR CLAIMS OF ANY OTHER PERSON OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
5. You can opt out of this arbitration provision by sending a notice ("Rejection Notice") to Sponsor within sixty (60) days of the date that you first agreed to these Terms of Use or to any subsequent revisions to this Section 16. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. To opt out, you must send your name, address, username, the email address, or phone number associated with your account, and a clear statement that you want to opt out of this arbitration agreement to contact@betspertsgroup.com. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming that Sponsor received the Rejection Notice within sixty (60) days. You may opt out of the Agreement in its entirety by not using the Website.
6. If for any reason, a claim proceeds in court rather than arbitration under this Section, the claim shall be resolved exclusively in the appropriate state and federal courts located in the state of Georgia. With respect to any non-arbitrable claims, both parties hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive all objections to such courts on any basis, including without limitation inconvenience of the forum.
12. Privacy
Any personally identifiable information collected during an entrant’s participation in the Contest may be used by Contest Parties for the proper administration and fulfillment of the Contest, and may also be used to send marketing and promotional emails about the Contest Parties’ products and services to entrant pursuant to the Site’s Privacy Policy. Entrants may opt out of such emails at any time. Eligibility to participate in the Contest is not dependent upon entrant’s consent to receive emails and such consent will not affect entrant’s chances of winning.
Sponsor shall have the right to post entrant’s picks along with entrant’s user name on the Site.
13. Winner’s List
For the names of the winners, please reference the Betsperts social media profiles. Requests must be received no later than sixty (60) days after the end of the Contest Period.