TERMS AND CONDITIONS
RYP VIP NFL Season-Long Pick’em Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
BETTERPOOL, LLC DOES NOT PROVIDE SERVICES RELATED TO GAMBLING. THE SITE AND THIS SWEEPSTAKES ARE FOR ENTERTAINMENT PURPOSES ONLY AND FREE TO PLAY
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE .
The RYP VIP Season-Long NFL Pick’em Sweepstakes (“Sweepstakes”) is open only to individuals who are legal residents of the 50 United States or the District of Columbia (excluding Washington and Nevada) and are at least eighteen (18) years old or the age of public sweepstakes or sweepstakes eligibility in their jurisdiction (whichever occurs later) at the time of entry. Void where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. It is the sole responsibility of an entrant to determine whether the Sweepstakes 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 BetterPool, LLC (“Sponsor”), their respective parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Sweepstakes (“Sweepstakes 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 (“Site”).
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 Sweepstakes.
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 Sweepstakes. 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 automated system to participate is prohibited and will result in disqualification.
2. Sweepstakes Parties
The Sponsor of the Sweepstakes is BetterPool, LLC, 66 Ash Street, Denver CO 80218.
3. Sweepstakes Period
The Sweepstakes commences on September 20, 2022 at 12:00:01 a.m. Eastern Time and ends on February 13 11:59:59 p.m. Eastern Time (“Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Play
To enter this Sweepstakes, entrants must: (1) prior to the close of the Sweepstakes Period, create an account on www.RunYourPool.com (the “Site”) and purchase an annual subscription to the RYP VIP Subscription Service; or (2) create an account on the Site and follow the directions in Section 5 (below). Subscribing to RYP VIP does not increase your chance of winning this Sweepstakes
Each entrant will then be required to pick the outcome of all scheduled NFL games
against the spread for each week of the 2022 NFL Regular Season, starting in
Week 3 (first game to kick off on September 22, 2022). Each NFL regular season
week shall begin with the kickoff of Thursday Night Football (or the kickoff of
first scheduled game of the week) and run through the end of Monday Night
Football or the last game of the week, whichever occurs later. Point spreads will be
loaded into the sweepstakes no later than 1:00 pm Eastern Time each Tuesday of the
NFL season. Once posted, point spreads will not be changed. All picks for each of
the weekly NFL games must be made no later than 1:00 Eastern Time on Sundays
(“Pick Deadline). Picks for earlier games must be made by the respective
scheduled kickoff time. Please note: The majority of NFL regular season Week 16
games start on Saturday, December 24, 2022, so all picks for Week 16 must be
made by 1:00 pm Eastern Time on Saturday, December 24, 2022.
Selections 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 pick the outcome of all games in any NFL regular season week sweepstakes shall receive an automatic score of zero (0) points for all games not picked. Any game(s) for which no spread is posted will not be available for entrants to pick that week. Any regular season NFL game that is postponed, rescheduled or “flexed” shall count towards the NFL regular season week in which the game is played. If the postponement of a regular season game that an entrant has picked 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 no points for the entrant for that week.
Contest entrants must be active subscribers to the RYP VIP Subscription Service (unless they choose to enter through the method described in Section 5 (below). Should an entrant terminate their subscription, or the subscription lapse for any reason, that entrant may not continue to make selections in the weekly contests and will no longer be eligible to win any Prize(s). An inactive entrant may re-start their subscription at any time and will immediately become eligible to make selections in the weekly contests and to otherwise participate in the Sweepstakes and win Prizes.
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.
One (1) point is awarded for each correct pick, for a maximum of 16 points each NFL regular season week. The winning entrant is the entrant with the most cumulative points at the end of Week 18 of the 2022 NFL regular season.
If there is a tie for 1st prize, then the entrant with the better record of correct outcomes in the NFL regular season Week 18 will win 1st prize. If more than one of the entrants tied for 1st prize have the same record in Week 18, then the entrant with the better record of correct outcomes in NFL regular season Week 17 will win first prize, and so on until the tie is broken.
5. How to Enter the Sweepstakes Without RYP VIP Subscription
- Receive entry to the Sweepstakes by sending a request by mail. Participants can receive free entry to the sweepstakes by sending a standard postcard or piece of white paper (Request Card) which must be 4”x6”, unfolded, blank and unlined and placed inside stamped #10 envelope addressed in handwriting, to the following address and satisfying the following requirements:
United States residents:
Attn: RYP VIP Sweepstakes Department
383 Corona Street
Denver, CO 80218.
- Handwrite their return address on the front of the envelope and the words “RYP VIP Season-Long Sweepstakes Entry”.
- Handwrite all of the following on only one side of the Request Card inserted inside the envelope:
- Their full name as shown on their government issued identification;
- The return/residential address as shown on their government issued identification;
- The email address registered to their RunYourPool.com account; and
- The following statement:
“I wish to receive 1 Entry into the RYP VIP Season-Long Pick’em Sweepstakes offered by RYP VIP. By submitting this request, I hereby declare that I have read, understood and agree to be bound by the RYP VIP’s Terms and Conditions and the Sweepstakes Rules.”
- The envelope with Request Card must be received by Sponsor/Promoter on or before September 1, 2022, approximately one (1) week before the kickoff of the 2022 NFL Regular Season on September 8, 2022, at which time the Sweepstakes will commence.
Each Request Card will allow a participant to make selections in four (4) weekly contests. In order for a participant to make selections in all sixteen (16) weekly contests comprising the RYP VIP Season-Long Pick’em Sweepstakes, a participant must send a total of three (3) additional Request Cards, with identical requirements as in Sections 5.a.1 through 5.a.3.iv above, following the first, during the time periods:
- The second envelope with Request Card must be received by Sponsor on or before October 18, 2022, approximately two (2) days before the kickoff of the first game of Week 7 of 2022 NFL Regular Season, but no earlier than October 4, 2022.
- The third envelope with Request Card must be received by Sponsor on or before November 15, 2022, approximately two (2) days before the kickoff of the first game of Week 11 of 2022 NFL Regular Season, but no earlier than November 1, 2022.
- The fourth envelope with Request Card must be received by Sponsor on or before December 13, 2022, approximately two (2) days before the kickoff of the first game of Week 15 of 2022 NFL Regular Season, but no earlier than December 1, 2022.
There is a limit of one Request Card per outer envelope and only 1 Entry into the Sweepstakes per participant. For each Request Card a participant submits in accordance with the above requirements, the participant’s RunYourPool.com account will receive 1 Entry into the Sweepstakes for four (4) weeks.
- The first Requests Card received prior to September 20, 2022 will allow a participant to make selections in NFL weekly contest for Weeks 3, 4, 5 and 6 of the regular season.
- The second Request Card received prior to October 18, 2022 will allow a participant to make selections in NFL weekly contest for Weeks 7, 8, 9 and 10 of the regular season.
- The third Request Card received prior to November 15, 2022 will allow a participant to make selections in NFL weekly contest for Weeks 11, 12, 13 and 14 of the regular season.
- The fourth Request Card received prior to December 13, 2022 will allow a participant to make selections in NFL weekly contest for Weeks 15, 16, 17 and 18 of the regular season.
- NOTE: A participant must ensure that their handwriting is legible. If the participant’s handwriting is not legible, the entry will be void and their RunYourPool.com account will not be entered into the Sweepstakes. The legibility of a participant’s handwriting will be determined by the Sponsor/Promoter in its sole discretion.
- The request must only be made by the participant and must be posted from the same State as the participant’s verified residential address. Requests made by any other individual or any entity (including but not limited to commercial sweepstakes subscription notification and/or entering services) or posted from a State different to the participant’s verified residential address will be declared invalid and the participant’s RunYourPool.com account will not be entered into the Sweepstakes. Tampering with the entry process or operation of the Sweepstakes, including but not limited to the use of any device to automate the Sweepstakes request/entry process or to unfairly assist the participant with meeting the handwriting requirement, is prohibited and any requests/entries deemed by Sponsor/Promoter, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted a request or whether a request satisfies the requirements set out above cannot be resolved to Sponsor/Promoter’s satisfaction, the affected request/entry will be deemed ineligible.
- Sponsor/Promoter is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entry requests.
- Use of any automated or other system(s) to Participate, to acquire entry into or play the Sweepstakes is prohibited and will result in disqualification and loss of eligibility to Participate in the Sweepstakes and/or future games.
- Entry into the Sweepstakes does not guarantee the participant any further benefit or prizes, or future entries into similar sweepstakess or games.
- Participant’s entry into the Sweepstakes may be forfeited if a participant’s RunYourPool.com account is deactivated for any reason, or at the Sponsor/Promoter’s discretion.
6. Winning Prizes
The expected prize pool for the season-long Sweepstakes to be paid by Sponsor will be $100,000. (Collectively the "Prizes")
- The entrant who wins the sweepstakes will receive $35,000. (“1st Prize”)
- The entrant who places second will receive $20,000. (“2nd Prize”)
- The entrant who places third will receive $10,000. (“3rd Prize”)
- The entrant who places fourth will receive $5,000. (“4th Prize”)
- The entrant who places fifth will receive $2,500. (“5th Prize”)
- The entrant who places sixth will receive $2,000. (“6th Prize”)
- The entrant who places seventh will receive $1,000. (“7th Prize”)
- The entrant who places eighth will receive $1,000. (“8th Prize”)
- The entrant who places ninth will receive $1,000. (“9th Prize”)
- The entrant who places tenth will receive $1,000. (“10th Prize”)
- The entrants who place 11th through 20th will each receive $500.
- The entrants who place 21st through 50th will each receive $300.
- The entrants who place 51st through 75th will each receive $200.
- The entrants who place 76th through 100th will each receive $100.
Potential winners of all prizes will be notified by message sent to the email address or phone number no later than 6:00 pm Eastern Time the Friday following the completion of the Sweepstakes. Potential winners who have not provided a correct email address or phone number during the creation of their RunYourPool.com account may be disqualified and forfeit their Prize(s).
Odds of winning season-long Prizes depend on the total number of entrants, and the ability of the entrants to correctly pick the outcomes of all games, against the spread, during the 18 weeks of the 2022 NFL Regular Season.
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. 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. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the winner.
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 any of the Prizes. All Sweepstakes 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 verification message within one (1) week of notification or after three (3) attempts (whichever occurs first), (iii) fails to sign and return all requested documents by the specified return date, the winner forfeits the prize in its entirety and an alternate winner will be selected based upon the criteria above. If Sponsor has selected two (2) potential winners pursuant to the procedure set forth above, and none completes the requirements herein, then that prize will not be awarded.p
Except where prohibited by law, each winner’s acceptance of a prize constitutes permission for Sponsor, Prize providers, and their respective agents a worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’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
By entering the Sweepstakes, you, and on behalf of your heirs, executors, and administrators, agree:
- to be bound by these Official Rules and by all applicable laws and decisions of the Sponsor which shall be binding and final;
- to waive any rights to claim ambiguity with respect to these Official Rules;
- to waive all of your rights to bring any claim, action, or proceeding against the Sweepstakes 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 Sweepstakes, 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 Sweepstakes or receipt or use or misuse of any Prize; and
- 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:
- the Sweepstakes, the Prizes, the Entries, or any other activities engaged in connection with the Sweepstakes, the Prizes, the Entry, including but not limited to your participation or inability to participate in the Sweepstakes or any other activity,
- typographical or printing errors in these Official Rules or in any Sweepstakes materials, including but not limited to any advertising or promotional materials;
- 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,
- any interruptions in or postponement, cancellation, or modification of the Sweepstakes,
- human error,
- incorrect or inaccurate transcription, receipt or transmission of any Entry,
- 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,
- interruption or inability to access any online service via the Internet due to hardware or software compatibility problems,
- any lost/delayed data or video transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions,
- any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries,
- any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties or of any other third party,
- lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or
- the negligence or willful misconduct by you or of any third party.
9. Limitation of Liability and Release
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE SWEEPSTAKES. 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 SWEEPSTAKES 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 Sweepstakes 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 Sweepstakes is compromised by virus, bugs, non-authorized human intervention, 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 Sweepstakes.
Any such necessary changes will be noted on the Site and in these Official Rules.
11. AGREEMENT TO ARBITRATE & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. YOU AND BETTERPOOL, 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.
- You hereby agree that, except as provided in Section 12.F below, any claim, dispute, or controversy between you and Sponsor, whether brought by you or by Sponsor, arising out of or relating in any way to the Agreement, your use of our Website or any of our content, or other aspect of the Website, 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 you or we may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or we 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 Terms of Service, these Terms of Service 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.
- The arbitration of any claims or disputes hereunder shall be conducted in New York County, New York, USA, except that if you are an individual, the arbitration may be conducted in the county or parish of the billing address you provide to us (if applicable) or else in the county or parish of your primary residence. You or we 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.
- 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) and must follow the Agreement, 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.
- 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.
- If for any reason, a claim proceeds in court rather than arbitration under this Section 12, the claim shall be resolved exclusively in the appropriate state and federal courts located in the state of Delaware. 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.
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, send an email to firstname.lastname@example.org. Requests must be received no later than sixty (60) days after the end of the Sweepstakes Period.