How to Play
Our IF/THEN Promotions (each a “Promotion”) provide Sleeper users a chance to receive a Reward (as defined below). We offer various versions of the Promotion, which are typically (though not exclusively) activated through a post on our official Twitter account. How to enter, events that must occur, how many people can win, and the type of Reward won may differ depending on the version of the Promotion being offered.
Some examples may include, but are not limited to:
IF you place a Contest, THEN you will win a Reward;
IF you place a $XXX in Contest entry fees, THEN you will win a Reward;
IF you guess the outcome of a certain event (for example, a player's statistical achievements), THEN you will win a Reward;
IF you place a Contest, THEN X number of lucky users randomly chosen will win a Reward; and/or
IF you reply with your username and the required hashtag, and IF a particular statistical and/or event occurs (i.e. a player scores X points, etc.), THEN you will win a Reward.
The above list is not exhaustive and is provided purely as an example of some types and/or version of the Promotion. Sleeper may provide any clarifying details, rules, and/or requirements at the time any version of the Promotion is activated.
Terms & Conditions
Effective Date: December 7, 2022
1 THE PROMOTION
1.1 Blitz Studios, Inc. and its affiliates’ (collectively, “Sleeper,” “we,” “our,” and/or “us”) If/Then Promotion (the “Promotion”) offers you a chance to receive a Reward.
1.2 These terms and conditions (the “Terms” and/or “Agreement”) apply to and govern your participation in the Promotion, including how you can market and promote the Promotion. Additionally, these Terms are governed by (as applicable) our General Terms of Use and Paid-Entry Contests of Skill Terms of Use (collectively, the “TOU”) and Privacy Policy (the “Privacy Policy”), which you have previously agreed to when registering an account with us. In the TOU you have agreed to, among other things, provisions regarding intellectual property, warranty disclaimers, limitation of liability, and the requirement for disputes related to your use of our free-to-play games, paid contests of skill, and other fantasy sports-related products services found on our mobile application and/or website (collectively, the “Services”) by non-class arbitration.
2 ACCEPTANCE AND MODIFICATIONS TO THE TERMS OF THE PROMOTION
2.1 Every time you (“you” and/or “your”) participate in the Promotion, you agree to be bound by these Terms. A new binding agreement between you and us is created upon your participation in this Promotion. As such, you should read these Terms carefully each time you participate in the Promotion.
2.2 We reserve the right to modify, update, cancel, or in any way alter the Promotion, these Terms or any part thereof, at any time, without notice to you. You agree to be bound by such amended Terms in place each time you participate in the Promotion. Please check regularly and review any updates to the Terms.
2.3 You hereby confirm that you have read the Agreement, had ample opportunity to consult with your own legal advisors, and agree to all of the terms and conditions herein. You agree that your participation in the Promotion is in no way, shape, or form reliant on any representation, guarantee, and/or statement other than as set forth in this Agreement.
3 PROMOTION DEFINITIONS
3.1 The definitions found in the TOU and Privacy Policy are hereby incorporated by reference. Additionally, the following definitions apply to this Agreement:
“Minor” shall mean any individual under eighteen (18) years of age; provided, however, that Minor shall mean: (a) any individual under nineteen (19) years of age who is a legal resident of Nebraska, or (b) any individual under twenty-one (21) years of age who is a legal resident of Massachusetts.
“Player(s)” shall mean any person using any part of the Services.
“Reward” shall mean the applicable reward that is active at the time of the Promotion. Sleeper may, in its sole discretion, alter, increase, decrease or otherwise change the amount, total, and/or form of the Reward.
4 ELIGIBILITY
4.1 Any Player who is not a Minor, complies with these Terms (including any additional rules provided by Sleeper), the TOU, and the Privacy Policy, and is not located in one of the following jurisdictions: Alabama, Arizona, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Maryland, Michigan, Nevada, New Hampshire, New Jersey, Ohio, Pennsylvania, Tennessee, Virginia, Washington, or West Virginia.
5 ADDITIONAL TERMS AND CONDITIONS
5.1 You are only eligible to win one (1) of the Rewards offered in any given Promotion unless otherwise noted. Any attempt to circumvent this rule, including but not limited to the creation and/or use of multiple Twitter accounts, shall be a violation of these Terms and disqualify you from the Promotion.
5.2 In the case where a Reward is money deposited into your Sleeper Wallet, the entirety of the Reward received must be used to enter a Contest or Contests before it can be withdrawn.
5.3 If, in our sole discretion, we suspect any fraud, and/or violation of these Terms, the TOU, and/or the Privacy Policy, we may delay payment of the Reward to you for up to one hundred eighty (180) days while we investigate and verify relevant information. We are not obligated to pay a Reward to you should you, in our sole discretion, commit fraud and/or otherwise violate these Terms, the TOU, and/or the Privacy Policy.
5.4 You shall comply with all applicable laws, and any policy noticed by us, in relation to money laundering and/or the proceeds of a crime.
5.5 All taxes due in connection with any payments to you are your sole liability. You are solely responsible for paying all federal and other taxes in accordance with the laws that apply in your city, state, province, and/or country of residence. It is the policy of this Promotion, and in compliance with the United States Internal Revenue Service regulations, that we may send you an IRS Form 1099-MISC or other appropriate form to any affiliate. Depending on the jurisdiction in which you reside, we may also send you a W-9 and/or additional tax forms. We reserve the right to withhold (from your existing account balance) any amount required to be withheld by law or until requested information and forms are received.
5.6 There is no relationship of exclusivity, partnership, joint venture, employment, agency, or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the marking of any representation or warranty, assumption of any obligation or liability, and/or exercise of any right or power), except as expressly provided in this Agreement.
5.7 You may not under any circumstances sublicense, assign (by operation of law or otherwise) or otherwise transfer this Agreement or any license or any right, duty, or obligation hereunder without our prior written consent. Any attempt to do so shall be null and void. Subject to the foregoing limitations, this Agreement will mutually benefit and be binding upon the parties, their successors and assigns.
5.8 A failure or delay by either party to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement. Any waiver by either party of any right hereunder shall not constitute a waiver of such right in the future. If any provision or portion of this Agreement is held to be unenforceable or invalid, the remaining provisions and portions shall nevertheless be given full force and effect, and the parties agree to negotiate, in good faith, a substitute valid provision which most nearly affects the parties’ intent in entering this Agreement.
5.9 Neither party will be deemed in default of any obligation hereunder nor be liable for any failure or delay in performance which results directly or indirectly from any cause beyond its reasonable control, including without limitation, “Acts of God,” delays or failures in the Internet or related carries and third-party equipment, acts of civil or military authority, strikes, fire, theft, delays by suppliers, pandemic/endemic, and/or action or inaction by any other third party.
5.10 This Agreement shall be governed by and construed under the laws of the State of Delaware, without regard to principles of conflicts of laws. Application of the U.N. Convention of Contracts for the International Sale of Goods is expressly excluded. Sleeper and you hereby irrevocably waive, to the fullest extent permitted by law, any right either may have to a trial by jury in any legal proceeding directly or indirectly arising out of out of relating to this Agreement.
5.11 These Terms, together with the TOU and Privacy Policy, constitute the entire agreement between you and us and cannot be modified by you at any time, and supersedes all prior agreements and understandings, whether written or oral, relating to the subject of this Agreement. To the extent this Agreement conflicts or is inconsistent with the TOU or Privacy Policy, the TOU and Privacy Policy shall control.
WE RESERVE THE RIGHT TO CHANGE, CANCEL, AND/OR IN ANY WAY MODIFY THE PROMOTION AND/OR THESE TERMS WITHOUT PRIOR WRITTEN NOTICE. ALL ACTIVITY IS GOVERNED BY THE APPLICABLE TOU AND PRIVACY POLICY CONDITIONS.