Last Updated: December 4, 2023
Sleeper DFS LLC (collectively, “Sleeper,” “we,” “our,” or “us”) is excited to announce its offering of the "Sleeper $1M PICKSmas Sweepstakes" (the “Promotion”). Before accessing or entering the Promotion you must read and agree to these Sleeper Picks $1M Promotion Terms & Conditions and any additional terms, rules, guidelines, and conditions issued, from time to time, by Sleeper (collectively, the “Terms”) before entering.
These Terms shall be supplemental to, and hereby incorporate by reference, our General Terms of Use, Paid-Entry Contests of Skill Terms of Use, and Privacy Policy. This collection of terms and policies, together with any additional terms, addendums, or documents that may be referenced herein, form an agreement between you and us in connection with the Promotion. IF YOU DO NOT AGREE TO THIS COLLECTION OF TERMS, AND/OR DO NOT MEET THE CRITERIA SET FORTH WITHIN THEM, THEN YOU ARE NOT ELIGIBLE TO ENTER THE PROMOTION. Any capitalized terms not defined herein shall be given the meaning ascribed to them in the General Terms of Use, Paid-Entry Contests of Skill Terms of Use, or Privacy Policy, as applicable.
The Promotion is only available to those who (each a "User"):
Are a legal resident of one (1) of the fifty (50) United States (or Washington DC), EXCLUDING THE FOLLOWING: Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, Washington, or West Virginia (each an "Excluded State") - if you are located in an Excluded State, then you are not eligible to enter - please note, Excluded States may change based on changing laws, rules, regulations, and/or statutes, and your Excluded State status is determined by information given during your KYC process;
Are not employees or directors of Sleeper, or members of their households or immediate families, which includes parents, children, siblings, step-children, step-siblings, and their spouses;
Are at least eighteen (18) years of age, or in states where the minimum age for entry into a paid-entry contest of skill is greater than eighteen (18), you meet that requirement (19 in Nebraska; 21 in Massachusetts); and
Have agreed to the terms and conditions set forth above and successfully setup and created a Sleeper Wallet.
This Promotion is void in all U.S. territories (e.g. Puerto Rico and Guam), foreign territories not specifically included herein, and where prohibited or restricted by law and subject to all applicable federal, state, local, and municipal laws and regulations. Data rates may apply if Promotion entry is submitted via your mobile device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apple (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance.
1 - How to Play and Enter
1.1 - This portion of the Promotion will run from December 7, 2023 through December 25, 2023 (the "Timeframe").
1.2 - During the Timeframe, any User who places a Sleeper Picks contest entry in a minimum amount of $5.00 USD shall be automatically entered into a drawing to share a prize of $275,000.00 USD (the "Grand Prize") pursuant to the distribution stated below. Each individual User shall be entered up to FOUR (4) times per day (the "Daily Limit") during the Timeframe (i.e. for placing four (4) separate Sleeper Picks contest entries). Any Sleeper Picks contest entry submitted by a User, on any given day during the Timeframe, over the Daily Limit shall not count towards the drawing for the Grand Prize.
1.3 - Sleeper Picks contest entries submitted on or after 12:00 midnight PST on December 26, 2023 shall not count towards the drawing for the Grand Prize.
1.4 - TEN (10) Users will be randomly selected on December 26, 2023 and notified no later than 12:00 pm PST that day of their winning status and their share total of the Grand Prize. Each of these Users will randomly win one of the following prize totals: $100,000.00, $75,000.00, $50,000.00, $25,000.00, $10,000.00, $5,000.00, $4,000.00, $3,000.00, $2,000.00, and $1,000.00.
1.5 - ONE HUNDRED FORTY FIVE THOUSAND (145,000) Users will be randomly selected on December 26, 2023 and will thereafter receive $5.00 in play-through credit to their Sleeper Wallet (the "Secondary Prize"). These users will not be notified by the provision of the play-through credit. Any User who receives a Secondary Prize must use the same by no later than December 31, 2023; thereafter, said Secondary Prize shall be forfeited.
1.6 - Those users selected for either the Grand Prize or Secondary Prize shall be notified via their e-mail address on file with Sleeper and direct message on the Sleeper mobile application.
1.7 - Any User who is selected for a share of the Grand Prize shall not be eligible for a Secondary Prize. Each User, regardless of how many entries they have, selected for a share of the Grand Prize is only eligible for ONE (1) of the Grand Prize share allocations.
1.8 - Sleeper Picks contest entries submitted from an Excluded State will not count towards the drawing for the Grand Prize or Secondary Prize.
2 - Additional Terms and Conditions
2.1 - Any and all Sleeper Picks entries submitted towards the prize drawings must be submitted, graded, and considered final to count as an entry; any such entries that are cancelled due to an athlete not playing and/or athlete injury void shall still count. Any User-cancelled Sleeper Picks entries shall not count as an entry for any of the aforementioned prizes.
2.2 - Free Alternative Method of Entry: Any User may enter the Promotion for free. In order to do so, please adhere to the following rules: legibly write on a 3x5 index card "Sleeper $1M Promotion," your full legal name, date, Sleeper account username, e-mail address affiliated with your Sleeper account, date of birth, and state of residence. Mail the index card in an envelope to: 548 Market Street, PMB 95988, San Francisco, CA 94104. You may send no more than one (1) index card per day beginning December 7, 2023 and ending December 22, 2023. All index card entries must be received no later than December 22, 2023. Each index card entry shall not count towards the Daily Limit stated above. All such entries become the exclusive property of Sleeper and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sleeper.
2.3 - You agree to read and abide by any additional rules/restrictions/obligations posted by Sleeper as it relates to the Promotion. These may include, but not be limited to: entry timeframe, number of entries permitted, way in which a winners are selected, time of drawing, number of winners, and prizes.
2.4 - Sleeper shall have the sole authority to determine any discrepancy in these Terms and/or any additional rules posted, as they pertain to the Promotion. In the event of any dispute as it pertains to the Promotion, Sleeper shall retain sole authority and discretion over such disputes, with final say in the outcome.
2.5 - Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, illegible, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not in compliance with these Terms shall not be accepted.
2.6 - Any potential winners of the Promotion are solely responsible for complying with any additional rules and/or restrictions relayed by Sleeper as it relates to retrieving, receiving, or otherwise accepting any prize. Sleeper shall not be responsible, in any way, for failure to comply with such additional rules and/or restrictions, which shall include but not be limited to, proof of identification, age, bank verification, etc.
2.7 - At the sole discretion of Sleeper, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following list of examples (and/or others not listed herein, but in any case, in Sleeper's sole discretion): potential winner’s failure to respond to notification within a set time period after transmission; the return of an e-mail, direct message on the Sleeper platform, text, and/or other communication as undeliverable; potential winner’s failure to provide Sleeper with satisfactory proof of age, identity, and residency, as requested; potential winner’s failure to provide Sleeper with satisfactory proof that they are the authorized account holder of the account associated with the winning entry; potential winner’s failure to provide required additional information upon Sleeper’s request for eligibility, prize fulfillment, or prize tax reporting purposes (including but not limited to bank account wire information, name, mailing address, telephone number, e-mail address, social security number/tax ID number, etc.); potential winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release or other similar document; potential winner’s failure to validly claim any prize; and/or any other non-compliance with these Terms.
2.8 - Any depiction of a prize by Sleeper is for illustrative purposes only. You expressly accept that any prize won is not exchangeable for cash or transferable, as applicable. No substitutions allowed except, in Sleeper’s sole discretion, a prize of equal or greater value may be substituted should Sleeper be unable to offer the original prize listed.
2.9 - Odds of winning any portion of this Promotion shall depend on the total number of valid entries received, as well as the total number of potential winners allotted. The decisions of Sleeper as to who the winners are for the Promotion are final and binding.
2.10 - Any and all expenses as it relates to any prize given to a winner are the sole responsibility of the winner, including but not limited to, taxes.
2.11 - Any user who wins six hundred dollars ($600.00) or more shall be subject to certain tax processes, and any user who wins five thousand dollars ($5,000.00) or more shall have monies automatically withheld by Sleeper for tax purposes. All such users must provide accurate information, including but not limited to, address, social security number, legal name, and more, in order to receive their prize and ensure the accuracy of tax filings. The information provided will be shared with relevant tax authorities. You, and not Sleeper, are responsible for filing and paying applicable local, state, federal, and international taxes on any winnings. We do not provide tax advice, nor should any statements in these Terms, or anywhere on the Sleeper platform, be construed as tax advice.
2.12 - Any User who is declared a winner and accepts a prize hereby gives irrevocable consent to Blitz Studios, Inc. and Sleeper DFS LLC to utilize their image, likeness, photograph, voice, address (city and state only), biographical information, prize information, Sleeper username, social media username and any reproduction of the same in any format and/or in any medium, now known or hereafter created, for any business purpose whatsoever, throughout the world in perpetuity, without the need for compensation.
2.13 - If any provision of these Terms is or become illegal, unenforceable, or invalid in any jurisdiction, it shall not affect: a) the enforceability or validity in that jurisdiction of any other provision of these Terms, or b) the enforceability or validity in other jurisdictions of that or any other provision herein.
2.14 - By entering the Promotion and/or accepting any prize you may win, you agree that:
Your entry becomes solely Sleeper’s property and will not be acknowledged or returned;
You release and hold harmless Sleeper from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Promotion or Promotion-related activity or travel or from any interaction with, or downloading of, computer Promotion information;
Sleeper does not make any representation, warranty or guarantee, express or implied, relating to the Promotion or any prize;
In the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sleeper’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Promotion, so that they cannot be conducted as originally planned, except where prohibited by law, Sleeper has the right, in its sole discretion, to modify the Terms and/or additional rules or to cancel, modify, terminate or suspend the Promotion; and in such event, to select winners by such method as Sleeper in its sole discretion shall consider equitable;
Sleeper is not responsible for typographical or other errors in the offer or administration of the Promotion, including but not limited to: errors in the advertising, rules, selection and announcement of the winners and distribution of the prizes;
Any portion of the prize not accepted or used by any winner will be forfeited;
Sleeper is not responsible for any inability of any winner to accept or use a prize (or any portion thereof) for any reason;
Sleeper has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: tampering or attempting to tamper with the entry process or the operation of the Promotion; violating the Terms; violating the GTOU, Privacy Policy, or other terms, conditions of use and/or general rules or guidelines of any Services; acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; and/or for any other reasonable cause as determined solely by Sleeper;
All disputes, claims and/or causes of action at law or in equity (each individually a “Claim”) arising out of or relating to the Promotion, the meaning or interpretation of the Terms, additional rules/restrictions, and/or any prize awarded shall be resolved by applying the laws of Delaware, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state;
All Claims shall be resolved individually, without resort to any form of class action;
All Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased; and
Sleeper has the right to modify prize award procedures at its sole discretion.
2.13 - Any and all questions regarding this Promotion should be e-mailed to [email protected]. Please note that any answer provided to said questions shall not, in any way, shape or form alter, change, or otherwise make null and void any portion of these Terms.