KENTUCKY DERBY FANDUEL SPORTSBOOK BONUS
TERMS & CONDITIONS
The Kentucky Derby FanDuel Sportsbook Bonus promotion (the “Promotion”) is sponsored by Betfair Interactive US, LLC (“BIU” or the “Sponsor”), located at 6701 Center Drive West, Suite 800, Los Angeles, CA 90045. The terms “you” or “your” mean the person to whom a Promotion Bonus (defined below) is issued to upon satisfaction of the terms and conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion “Terms and Conditions”. Promotion participants may be required to sign paperwork issued by the Sponsor.
- Promotion Period: The Promotion will run from the period beginning on 12:00am ET on May 3, 2019 until 11:59pm PT on May 4, 2019 (the “Promotion Period”).
- Eligibility: The Promotion is only open to FanDuel Sportsbook (“Sportsbook Account”) account holders who are residents of a TVG Participating State (as defined in Section 11). Employees, officers and directors of the Sponsor, their parent companies, and each of their respective affiliates, subsidiaries, cable/satellite affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Promotion Bonus. Additionally, BIU reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in our sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotion in good faith. Void where prohibited by law.
- Promotion Bonus Payout Determinations: Open a new TVG Account using the Promo Code and meet the Deposit Requirement during the Promotion Period and you will receive a site credit in your Sportsbook Account equal in amount to Fifty Dollars ($50) (“Promotion Bonus”). The Promotion Bonus is non-withdrawable and in order to withdraw from your Sportsbook Account any winnings generated from wagers placed using your Promotion Bonus, your first use your Sportsbook Account to wager on any non-Excluded Wagers an amount equal to the aggregate amount of your awarded Promotion Bonus (“Play-Through Requirement”). Additionally, wagers placed on favorites with lines shorter than or equal to -200 will be deemed as Excluded Wagers for purposes of satisfying the Play-Through Requirement. Any unused portion of the Promotion Bonus will be automatically withdrawn from your Sportsbook Account seven (7) days after being credited to your Sportsbook Account. Must be 21+ and physically present in New Jersey in order to wager with your Sportsbook Account.
- Promotion Bonus Payout: If applicable, the Promotion Bonus will be credited to your Sportsbook Account within seventy two (72) hours of expiration of the Promotion Period. Promotion Bonus recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Promotion Bonus they receive, regardless of whether the Promotion Bonus, in whole or in part, is used. Maximum Promotion Bonus of Fifty Dollars ($50) in site credit. The Promotion Bonus value may be reported for tax purposes as required by law. The Promotion Bonus is not transferable and cannot be substituted except in the Sponsor’s sole discretion. The Promotion Bonus may only be used for wagering on your Sportsbook Account.
- Administration: The Sponsor expressly reserve the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Sponsor reserves the right to restrict at any time any Sportsbook Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and their decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.
- Release and Waiver of Liability: By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, and each of their respective affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Promotion Bonus, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Promotion Bonus. In consideration of the Promotion Bonus, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and each of their respective parents, subsidiaries and affiliates.
- Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
- Dispute Resolution: 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 Los Angeles 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 is 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 Promotion 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 Los Angeles, California. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, 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 Los Angeles County, California. The Sponsor agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF THE SPONSOR ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TVG Participating States: The term “TVG Participating States” refers to the following states: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Montana, New Hampshire, New Mexico, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Virginia, Washington, West Virginia and Wyoming.
- Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
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