SKILLZ SWEEPSTAKES PROMOTION RULES
ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) IN COURT BEFORE A JUDGE OR JURY, AND ANY CLAIM ARISING OUT OF OR RELATING TO THESE RULES AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 8 BELOW. PLEASE READ SECTION 8 CAREFULLY.
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN, NOR WILL IT INCREASE THE CHANCES THAT AN ENTRY WILL WIN. EACH ENTRY INTO THE PROMOTION WILL HAVE AN EQUAL CHANCE OF WINNING.
- THE SPONSOR: Skillz, Inc. (referred to herein as “Skillz” or “Sponsor”) is a United States, Delaware corporation and a for-profit eSports platform. The Skillz platform enables individuals (“Players”) to compete for prizes in skill-determinative mobile games (the “Service”). Apple and Samsung are not sponsors in any way for these promotions.
- THE PROMOTION: From time-to-time, Skillz may sponsor sweepstakes promotions in which eligible Players may participate. Skillz-sponsored sweepstakes promotions (collectively, the “Promotions” and individually, the “Promotion”) begin and end at the date and time states by Skillz in its advertisements or on the Service. .
- ELIGIBILITY: Eligible entrants must be: (i) eighteen (18) years of age (unless the applicable age of majority in your state of residence at the time of the entry is higher) or older; (ii) eligible under all applicable laws to participate in the Promotion; (iii) have a Skillz account that was created prior to the time of the start of the Promotion; and (iv) not a Prohibited Person.
Notwithstanding, Skillz reserves the right to limit the Promotion to entrants located in a particular jurisdiction, in which case only users residing in such jurisdiction at the time of entry may be eligible to participate in the Promotion. Skillz further reserves the right to determine and assess in its sole discretion whether any winner of the Promotion meets each and every eligibility requirement prior to awarding the prize.
“Prohibited Persons” means (i) all persons who are prohibited from entering prize contests on the Skillz platform by any applicable Terms and Conditions of Service; (ii) Skillz's employees (including, without limitation, part-time or temporary employees and contractors), officers, and representatives; (iii) and employees, officers, and representatives of a Developer with respect to contests involving the Developer’s games; and (iv) the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above.
Skillz reserves the right to ask you at any time, prior to, during, or after the Promotion to provide us or our designated third parties with proof of your age, identity and/or residency in order to demonstrate your eligibility to participate the Promotion, and you agree, on-demand, to present Skillz or its designated third parties, with valid documentation that may enable us to verify these eligibility requirements. If you are unable to provide satisfactory documents (to be determined in Skillz’s sole discretion), we may exclude you from the Promotion and you may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion and/or forfeiture.
- HOW TO ENTER THE PROMOTION: During the period of the Promotion (the “Promotion Period”), you can enter the Promotion by using the Services and follow the links and instructions for entering the Promotion. Skillz will publish the applicable Promotion Period as part of the description for the Promotion. Please note that the use of the Services, which can be downloaded free of charge, requires an internet connection and a compatible device. You must enter the Promotion during the Promotion Period in order to be eligible to win applicable prize(s). Skillz and/or our affiliates’ systems will be used for determining when the Promotion Period of a certain Promotion has commenced or concluded, and such determination shall not be disputed for any reason.
All requests for entry into the Promotion shall become the exclusive property of Skillz and will not be acknowledged or returned. Entries received that are from ineligible entrants and/or do not comply with these Rules will be considered void. Entries that are determined to be fraudulent will be considered void, and the person making such entry may be barred from participation in the Promotion and, in Skillz’s sole discretion on a case-by-case basis, banned from any future participation in any future Skillz Promotions and/or Services. Proof of sending or submission will not be deemed to be proof of receipt. You hereby agree that in no event will you have any claims against us for any requests that were not received or acknowledged by us, for any reason whatsoever, or which were received before or after the Promotion Period for the applicable Promotion.
Skillz reserves the right to prohibit the participation of any individual from any Promotion for any reason, including, without limitation, in the event of suspected fraud or tampering or if the individual fails to comply with any requirement of participation as stated herein or the Terms and Conditions of Service. Without limiting the foregoing, Skillz may lock out any participant who, in Skillz’s sole judgment, has been disqualified, has questionable eligibility, or is otherwise ineligible to participate in the Promotion. Any person who deliberately attempts to undermine or interfere with the legitimate operation of any Promotion and/or any Services may be subject to civil and/or criminal penalty, and Skillz reserves the right to seek damages from any such person to the fullest extent permitted by law.
Use of robotic, mechanical or other forms of pre-programmed entry methods is strictly prohibited. Entrants may not use such manipulation tools and Skillz reserves the right (in its sole discretion), from time to time, to implement entry processes that may frustrate or prohibit such automated entry; provided, however, that no entrant in any Promotion may rely upon or insist upon Skillz’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa. The determination of whether entries should be voided because they were made using fraudulent or prohibited methods will be made by Skillz in its sole discretion. Use of robotic, mechanical, or other forms of pre-programmed entry methods may result in the voiding of all entries by such participant and/or the forfeiture of any potential prizes by the participant. Notwithstanding the foregoing, Skillz expressly reserves the sole right to determine whether and how to detect such prohibited entries and failure to do so creates no rights or obligations with respect to any other person, including other participants in the Promotion.
No purchase of any kind is required to enter the Promotion. You may enter the Promotion by email sent to email@example.com during the Promotion Period. To be a valid entry, the subject of the email must include "Free participation request - [Title of the Promotion]”, where the title of the Promotion is the exact name of the sweepstakes as stated in Skillz advertisements for the Promotion. The email must contain your Skillz username and user ID, phone number, email address, mailing address and date of birth. The email must originate from the email address associated with your Skillz username, and must be received by Skillz in its sole determination during the Promotion Period. Each email received by Skillz following the above requirements will receive one entry in the Promotion. Strict compliance with the criteria set forth above is required.
Unless otherwise specifically allowed with respect to any Promotion, you may not use multiple email addresses, accounts or identities or any other method in order to participate in any Promotion. Any use of automated entry system or any similar method to participate in any Promotion is strictly prohibited and may result in your disqualification from the Promotion and/or future use of the Services. The person to whom the email address was assigned by the applicable operator shall be deemed as the owner of such email address.
- PRIZES: The manner in which a winner is selected may vary depending on the Promotion and will be detailed in the description for each Promotion or as otherwise posted via our Services. Our decisions regarding the administration and operation of any Promotion, including, without limitation, the selection of potential winners from all eligible participants are final and binding in all matters related to the Promotion.
The odds of winning the Promotion will depend on the total number of eligible entries received for the Promotion. Each eligible entry has the same chance of winning as every other eligible entry.
If a prize, or any portion thereof, cannot be granted for any reason, we reserve the right (but not the obligation) to substitute such prize for one of equal, lesser or greater value. If any specific prize has actual "real world" value (i.e. cash prize), such value will be specified in the description for the Promotion and in any event, you are not allowed to transfer or substitute any prize received from participating in the Promotion. All prizes hereunder are offered "as is" without warranty either expressly or in an implied fashion.
You shall be solely responsible for any taxes or fees associated with your receipt of a reward. Any and all taxes on a prize, and any other expenses not explicitly stated herein, are the sole responsibility of the prize recipient. A winner forfeits the prize if the winner fails to provide information necessary for issuance of any tax documentation by Skillz within twenty-four (24) hours of Skillz’s request for such information.
Skillz will notify each potential winner by sending a notification within the Services, by email to the address associated with your Skillz account, or as specified in the description of the Promotion, with the method of notification to be determined by Skillz in its sole discretion. If a potential winner cannot be contacted within seventy-two (72) hours, or if such winner is otherwise disqualified or does not comply with these Rules, the potential winner will be disqualified and forfeit the prize. Skillz will determine the disposition of the forfeited prize in its sole discretion. It is your sole responsibility to ensure the accuracy of the email address associated with your Skillz account and to monitor such address. No prizes shall be given to any user who is ineligible to participate in the Promotion or fails to comply with these Rules, the Terms and Conditions of Service, or any other rules for participation in the Promotion.
If any potential winner is required by any applicable law, these Rules, and/or by any other rules for any applicable Promotion to comply with additional conditions or requirements in order to participate in the Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set by us before and as a condition to receiving the prize.
- ENTRY LIMITATIONS AND RESTRICTIONS: Only accurate and complete entries submitted during the Entry Period and received by Sponsor are eligible. Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If a Participant’s donation is refunded, any entries associated with such donation will be withdrawn and not eligible to win.
- ENTRY CONDITIONS AND RELEASE: As a condition of entering the Promotion, you expressly:
(A) Consent to receive information or promotional materials from Skillz via email and/or mail;
(B) Represent and warrants that you agrees to be bound by these rules, the Skillz Terms and Conditions of Service, and the decisions of the Sponsor, which will be binding and final in all matters relating the Promotion;
(C) Release any advertising platform used in connection with the promotion of the Promotion from all liability, loss or damage or expense arising out of or in connection with participation in any Experience or the acceptance, use, or misuse of any Prizes;
(D) Knowingly and expressly waive all rights to claim, punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;
(E) Agrees that all claims, disputes, or causes of action arising out of or connected with any the Promotion, or any prizes awarded, shall be individually resolved in binding arbitration, per Section 8, without resort to any form of class, collective or representative action;
(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Some jurisdictions do not allow the limitations or exclusion of liability set forth above in Section 7. So, some of the provisions contained in this section may not apply to every Participant.
Some jurisdictions may prohibit Sponsor from conditioning participation on a participant’s consent to publicity described in this Section. Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Sponsor of objections via email during the notification and verification process.
Skillz reserves the right to terminate, modify, or suspend the Promotion at any time, in its sole and exclusive discretion.
8.1 General. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action or other controversy between you and us concerning the Promotion, the Service or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Skillz Customer Support, 1061 Market Street, 6th Floor, San Francisco, CA 94103. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration. You may also litigate any Dispute in small claims court in your county of residence or San Francisco, California, if the Dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
8.2 Binding arbitration. If you and we do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
8.3 Class action waiver. To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
8.4 Arbitration procedure. If you are located within the United States, Canada, the United Kingdom or the European Union, or any of their territories, then any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in San Francisco, California, USA. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. If you are located in a country other than listed above, then arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
8.5 Claims or Disputes. Must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute isn’t filed within one year, it’s permanently barred.
8.6 Equitable Relief. You agree that we would be irreparably damaged if these Rules were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Rules in any court of competent jurisdiction.
- LIMITATIONS ON LIABILITY. By entering the Promotion you agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- GOVERNING LAW: HIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.
- SEVERABILITY: Each of the terms of these Rules operates separately. If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
- ENTIRE AGREEMENT: These Rules, together with the all applicable Terms and Conditions of Service, constitute the entire agreement between Sponsor and you with respect to the Promotion and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and you with respect to the Promotion.