Last Updated: November 17, 2022
Blitz Studios, Inc., and as applicable, its subsidiaries and affiliates (collectively, “Sleeper,” “we,” “our,” or “us”) own and operate the Sleeper mobile application and website, located at www.sleeper.app and www.sleeper.com, through which we offer a multitude of fantasy sports and other related services, including but not limited to contests (each a “Contest”). Before accessing or entering any Contest we offer, you must read and agree to these Contest Terms & Conditions and any additional terms, rules, guidelines, and conditions issued, from time to time, by Sleeper (collectively, the “Terms”) before entering. PLEASE NOTE THESE TERMS DO NOT APPLY TO OUR PAID-ENTRY CONTEST OF SKILL; TERMS GOVERNING PAID-ENTRY CONTESTS OF SKILL CAN BE FOUND HERE.
1 THESE TERMS
1.1 You represent and warrant that you have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them.
1.2 By accessing or entering any Contest, you represent and warrant that you are not a Minor and your primary residence is in a Territory (see below for further definitions of Minor and Territory).
1.3 No purchase or payment is necessary to enter or win any Contest.
2.1 You understand and agree that: a) you must enter any Contest we offer by the date and/or time listed in any applicable Contest advertisement, social media post, and/or the additional rules/restrictions; and b) that unless otherwise stated in the advertisement, social media post, and/or the additional rules/restrictions, each person may only enter any individual Contest ONE (1) time.
2.2 Contests are only open for entry by individuals who, as of the date of their entry:
· Are not minors, where a minor is defined as: a) if you are younger than nineteen (19) years of age and your state of primary residence is Nebraska or Alabama; b) if you are younger than twenty-one (21) years of age and your state of primary residence is Mississippi; and c) if you are younger than eighteen (18) years of age and your state of primary residence is any of the remaining states or Washington D.C. (each a "Minor" or collectively "Minors");
· Are legal residents of the United States whose primary residence is within the fifty (50) United States or Washington D.C. (collectively, the “Territory”); and
· Are not employees of Sleeper, or members of their households or immediate families, which includes parents, children, siblings, step-children, step-siblings, and their spouses.
2.3 You understand and agree that you must successfully setup and create a Sleeper Wallet in order to receive your prize. In some instances, but only as noted in the Contest rules, you may be required to have a Sleeper Wallet as a pre-requisite to entering a Contest.
2.4 You agree to read and abide by any additional rules/restrictions/obligations posted by Sleeper as it relates to any Contest. These may include, but not be limited to: judgement and/or selection method of the winner or winners, entry timeframe, number of entries permitted, time of drawing, number of winners, and prizes.
2.5 Sleeper shall have the sole authority to determine any discrepancy in these Terms and/or any additional rules posted, as they pertain to any Contest. In the event of any dispute as it pertains to any Contest, Sleeper shall retain sole authority and discretion over such disputes, with final say in the outcome.
2.6 Contest entries shall be judged and/or winners selected on the basis of those criteria specified within any advertisement and/or posted additional rules/guidelines in relation to the Contest. Winners shall be chosen, in accordance with such criteria, in Sleeper's sole discretion. In the event of a tie, Sleeper shall determine the outcome in its sole discretion.
2.7 Any use of automated or programmed methods of entry are strictly prohibited.
2.8 Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, 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.
2.9 Any announced winners for any Contest 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 a winner’s failure to comply with such additional rules and/or restrictions.
2.10 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 (which said list is not exhaustive): a) potential winner’s failure to respond to notification within a forty-eight (48) hour period after transmission; b) the return of an e-mail notification as undeliverable; c) the return of any other notification as undeliverable; d) potential winner’s failure to provide Sleeper with satisfactory proof of age, identity, and residency, as requested; e) 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; f) potential winner’s failure to provide required additional information upon Sleeper’s request for eligibility, prize fulfillment, or prize tax reporting purposes; g) potential winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release or other similar document; h) potential winner’s failure to validly claim any prize; and/or i) any other non-compliance with these Terms.
2.11 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.
2.12 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. 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.
2.13 Odds of winning any Contest shall depend on the total number of entries received, as well as the total number of winners allotted. The decisions of Sleeper as to who the winners are for any Contest are final and binding.
2.14 By entering any Contest 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 any Contest or Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information;
· Sleeper does not make any representation, warranty or guarantee, express or implied, relating to any Contest or prize;
· Your acceptance of any prize constitutes the grant to Sleeper and its assigns of an unconditional right to use your name, address (city and state only), voice, Sleeper username, social media username, likeness, photograph, biographical and prize information and/or statements about any Contest for any programming, publicity, advertising and promotional purposes without additional compensation, in perpetuity, except where prohibited by law;
· 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 any Contest, 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 any Contest; 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 any Contest, 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;
· All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to any Contest, the meaning or interpretation of the Terms, additional rules/restrictions, and/or any prize awarded shall be resolved by applying the laws of Nevada, 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.