NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY
KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: The 2022 Cyber Monday PK Penalty (\"Sweepstakes\") begins at the time of Sweepstakes launch on November 28th, 2022 at 12:00 AM ET and ends on November 28, 2022 at 11:59 PM ET (the \"Promotion Period\").
The sponsor of this Sweepstakes is BARSTOOL SPORTS, INC. (“Barstool” or “Sponsor”). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects, and made in Sponsor’s sole discretion. Barstool is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Barstool with any questions, comments or problems related to the Sweepstakes.
2. ELIGIBILITY: Open only to legal residents of the United States who are at least 18 years old at the time of entry, excluding NY, RI, and FL (the \"Entrant\"). Sponsor, and its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (the \"Promotion Entities\"), are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
3. Prizes: There will be up to twenty five (25) prizes awarded in connection with the Sweepstakes, all of which are in all instances subject to the Soccer Game (defined below) and Overall Telethon Goal (defined below). The prizes are as follows: (i) up to twenty four (24) winners will be entitled to two (2) tickets to any sports event or concert in the United States of the Entrant’s choice, subject to availability, not to exceed a maximum total value of two hundred fifty dollars ($250.00 USD) (the “Ticket Selection Prize”) and (ii) if the Overall Telethon Goal is met, one grand prize winner will be entitled to a prize package consisting of a selection of one of the following: (a) two (2) tickets to the 2023 Super Bowl, to be held on February 12, 2023 in Glendale, AZ, as such tickets are selected by Barstool, and an opportunity to meet with certain Barstool personality(ies), subject to availability and as determined in Barstool’s sole discretion (the “Super Bowl Experience”) or (b) two (2) tickets to one of the concerts of Entrant’s choice, as such tickets are selected by Barstool and subject to availability, in connection with Taylor Swift’s “Eras Tour” currently scheduled to be held between March 23, 2023 and August 9, 2023, within the United States (the “Taylor Swift Experience”). Any and all details regarding the prize(s) described herein (including, but not limited to, the date/time and itinerary, any and all conditions of entry/access, policies of any kind (e.g., healthy and safety policies), and any and all other matters) will be as determined in Sponsor’s sole discretion, and subject to modification by Sponsor at any time. The Ticket Selection Prize each has an approximate retail value (ARV) of US $250.00 and the Super Bowl Experience and Taylor Swift Experience each have an approximate ARV based on pricing. “Soccer Game” means the following: during the Promotion Period, Sponsor will be conducting a live ‘telethon’ during which, for each $10,000 in Barstool Store purchases made during the Promotion Period (“Telethon Purchases”), Sponsor talent will one (1) attempt to score a soccer goal against a Sponsor talent goalkeeper; for each such attempt that results in a goal, a Ticket Selection Prize will be award to a winner in accordance with Section 5 below. “Overall Telethon Goal” means the achievement of at least $250,000 in Telethon Purchases.
The prizes do not include any travel, lodging, or other personal charges in connection with the prize. Winner and winner’s guest(s) are responsible for all costs or expenses including, without limitation, any travel, lodging, food/beverage, and any other costs or expenses. Prizes may not be transferred or redeemed for cash, in whole or in part. Each winner must be available to attend and participate, and actually attend and participate in, on the scheduled date/time indicated by Sponsor or the prize and its value will be forfeited. Prizes and their components are subject to scheduling, availability, and certain other restrictions.
Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. In no event will Sponsor be obligated to award more than the number of prizes stated in these Official Rules. The ARV of the prize as noted above represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, damaged, or stolen items.
This Sweepstakes is open to legal residents of the United States who satisfy the eligibility requirements set forth above. Prizes will only be awarded and/or delivered to addresses within said locations, subject to all other terms and conditions of these Official Rules. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
4. HOW TO ENTER; ENTRIES; ENTRY LIMIT: To enter the Sweepstakes, during the Promotion Period, complete and submit the Sweepstakes entry form (including all required fields) located at the following URL (if no URL is provided, then at the URL designated in any prompt or promotion for this Sweepstakes): https://store.barstoolsports.com/products/pk-payday-sweepstakes. Submitting the entry form will provide you one (1) entry to the Sweepstakes. Alternatively, Entrants will automatically be entered if that an entrant makes a purchase in the Barstool Sports Store during the Promotion Period (note: purchases must be made using the same email address used for Sweepstakes entry). No more than one (1) entry per entrant, regardless of the method of entry.
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Submissions from entrants below 18 years of age will not be counted. Participants must verify 18+ age with Sponsor prior to receiving prize.
5. WINNER SELECTION: The Winner(s) of the Sweepstakes will be selected via random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted once, promptly following the Promotion Period, by Barstool, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
6. POTENTIAL WINNER NOTIFICATION: The potential winner (“Potential Winner”) will be notified by email at the email address provided to verify eligibility. Potential Winner must accept a prize as directed by Sponsor within one week of notification and must be in business at the time of prize award and fulfillment. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. If a Potential Winner does not accept the prize, then Barstool will select a replacement winner in the same manner as described in Section 5 above). Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively \"the Prize Claim Documents\"). No substitution or transfer of a prize is permitted except by Sponsor.
8. LIMITATION OF LIABILITY; DISPUTE RESOLUTION: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) 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, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all submissions and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.
THE SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
9. SOCIAL NETWORK DISCLAIMER; PRIVACY
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any social media platform on which the Sweepstakes may be promoted including, but not limited to, Facebook, Instagram, or Twitter. You understand that you are providing your information to the Sponsor and/or Advertiser and not to any social media platform. The Sweepstakes is in no way, sponsored, endorsed, or affiliated with either the National Football League or Taylor Swift.
- APPEARANCE AND LOCATION RELEASE
If you are selected as a winner, you are aware of and consent to the creation by or on behalf of Barstool of photographs and audio/audiovisual recordings of and in connection with the prize administration, which may include the Likeness and Indicia and you and your guest(s) (the “Work”). You hereby irrevocably grant to Barstool, and all affiliates and related entities, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the absolute and royalty-free right and license (but not obligation) to utilize your name, image, and likeness, and any associated materials provided by you (collectively, “Likeness and Indicia”), throughout the world in perpetuity, in any medium, without compensation, in connection with or arising from this Sweepstakes, the results and proceeds thereof, or otherwise. Barstool is under no obligation to use the Work.
Barstool Sports, Inc., 333 7th Avenue, 2nd Floor, New York, NY 10001.