Dinger Tuesdays
TERMS & CONDITIONS
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. Description of Promotion
Welcome to the Dinger Tuesdays promotion (the “Promotion”) where participants who place a minimum twenty-five dollar ($25) pre-game, straight “to hit a home run” prop wager on an Eligible Game (as defined below) will receive five dollars ($5) in bonus bets for each Home Run hit by either team, available for use only on the FanDuel Sportsbook (“Sportsbook Bonus Bet”), up to a maximum total of twenty-five dollars ($25), regardless of if their Eligible Wager (as defined below) wins or loses.
The Promotion is sponsored by Betfair Interactive US, LLC (“FanDuel” or the “Sponsor”), located at 6701 Center Drive West, Suite 1000, Los Angeles, CA 90045. The terms “you” or “your” mean the person who participates in this Promotion. Participation in this Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion “Terms and Conditions.” Promotion participants may be required to sign paperwork issued by the Sponsor.
2. Promotion Period
3. Eligibility
The Promotion is only open to individuals who are at least 21 years of age (18+ in D.C.) and are physically present in Arizona, Colorado, Connecticut, the District of Columbia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana (excluding the following parishes: Caldwell, Catahoula, Franklin, Jackson, LaSalle, Sabine, Union, West Carroll and Winn), Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Vermont, Virginia, West Virginia, or Wyoming during the Promotion Period. If your Social Security number is associated with another FanDuel Account (as defined below) in Sponsor’s database, you may only earn one (1) Promotion Bonus with respect to all such FanDuel Accounts participating in this Promotion. Employees, officers and directors of Sponsor, its parent companies, and each of their respective affiliates, subsidiaries, cable/satellite affiliates, advertising and promotion agencies, offer item providers, retailers, distributors (collectively, the “Promotion Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Promotion Bonus. For purposes of this Promotion, “immediate family members” are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and “those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Individuals who have entered any self-limited or government agency self-exclusion program or have been otherwise excluded from casinos by a government agency, Sponsor or one of its affiliates or gaming license partners and persons on a Disassociated Patrons, Self-Limit, Involuntary Exclusion, Voluntary Exclusion or Self Exclusion List in jurisdictions which Sponsor or its affiliates or gaming license partners operate are not eligible to participate in the Promotion or receive a Promotion Bonus.
4. Action Required
You must opt-in to participate in this Promotion. After opting-in to the Promotion, use your FanDuel Account on the FanDuel Sportsbook to place a minimum twenty-five dollar ($25) pre-game, straight “to hit a home run” prop wager. Only your first placed Eligible Wager on an Eligible Game after opting-in to the Promotion will be deemed the Eligible Wager for purposes of determining the Promotion Bonus.
5. Claiming Promotion Offer
Regardless of if your Eligible Wager wins or loses, upon placing an Eligible Wager, you will receive Sportsbook Bonus Bets equal to five dollars ($5) for each home run hit (by either team) in the Eligible Game, up to a maximum amount of twenty-five dollars ($25) (“Promotion Bonus”). For example, if you place an Eligible Wager on any player to hit a home run in an Eligible Game, you will get a $5 bonus bet for each home run either team hit in that game, up to a maximum of twenty five dollars ($25), whether or not that player hits a home run in the game. In the event that multiple Eligible Wagers are settled on an Eligible Game, only your first placed Eligible Wager on that game will count towards the Promotion Bonus. If applicable, the Promotion Bonus will be credited to your FanDuel Account within seventy-two (72) hours of the completion of the Promotion Period. Sportsbook Bonus Bets may be used to wager on any market in the FanDuel Sportsbook. If a wager placed using a Sportsbook Bonus Bet wins, you will receive as withdrawable cash the winnings portion of such wager, and will not receive the stake portion from such wager. Sportsbook Bonus Bets may be used to wager on any market available on the FanDuel Sportsbook except for Round Robin wagers.
The Promotion Bonus can be found in the betslip window of your FanDuel Account. You must manually select the Sportsbook Bonus Bet in the betslip window of your FanDuel Account in order to redeem the Promotion Bonus. Promotion Bonus recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Promotion Bonus received, regardless of whether the Promotion Bonus, in whole or in part, is used. The Promotion Bonus value may be reported for tax purposes as required by law.
6. Registration Procedures
To qualify for the Promotion, eligible individuals must have an active FanDuel member account (“FanDuel Account”) and verify your identity in order to play on the FanDuel Sportsbook. Creating a FanDuel Account at fanduel.com or sportsbook.fanduel.com is free. By submitting your information and creating a FanDuel Account, however, participants will be required to agree to the FanDuel Terms of Use (fanduel.com/terms) and Privacy Policy (fanduel.com/fanduel-sportsbook-privacy-policy). If you do not agree to FanDuel’s Terms of Use and Privacy Policy, you cannot create a FanDuel Account or participate in this Promotion.
7. Limitations on Participation
In addition to the eligibility requirements in Section 3, FanDuel reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in its sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotion in good faith. This Promotion is void where prohibited by law. Limit of one (1) Promotion Bonus per person. In the event that the Eligible Game is postponed or suspended, any Eligible Wagers that have not yet settled shall be void and you will not receive any Promotion Bonus with respect to such Eligible Wager.
8. Wagering Requirements/Exclusions
Any wager placed prior to opting-in to the Promotion or after the expiration of the Promotion Period will not be deemed an Eligible Wager. Straight wagers on a market other than “to hit a home run,” parlays, and wagers that are settled using the “Cash Out” feature will not be deemed an Eligible Wager. Separately, wagers placed using site credits, bonus bets, profit boost tokens, or any bonus received from a separate Sponsor promotion, including without limitation the “$1,000 No-Sweat Bet” promotion, will not be deemed an Eligible Wager.
9. Order of Funds Used for Wagering
Sportsbook Bonus Bets must be manually selected in the betslip window of your FanDuel Account in order to be used before deposited funds when wagering.
10. Eligible Games
11. Restrictions on Withdrawal
The Promotion Bonus is not transferable and cannot be substituted except in the Sponsor’s sole discretion. The Promotion Bonus is non-withdrawable, but any winnings therefrom are immediately withdrawable. Any unused portion of the Promotion Bonus will be automatically withdrawn from your FanDuel Account seven (7) days after being credited to your FanDuel Account. Deposited funds that have not been played may be refunded at any time.
12. Complaints & Cancellation
Should you wish to cancel your participation in this Promotion at any time, please contact customer support at support.fanduel.com/s. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction. However, any Promotion Bonus amount in your account may not be withdrawn. For customers located in New York, complaints may be filed with the New York State Gaming Commission.
13. Gambling Problem
Arizona Customers: Gambling Problem? Call 1-800-NEXT-STEP or text NEXTSTEP to 53342.
Colorado Customers: Gambling Problem? Call or TEXT 1-800-GAMBLER.
Connecticut Customers: If you or someone you know has a gambling problem and wants help, call (888) 789-7777 or visit ccpg.org/chat.
D.C., Illinois, Kentucky, Michigan, New Jersey, Ohio, Pennsylvania, Vermont, Virginia, and Wyoming Customers: Gambling Problem? Call 1-800-GAMBLER.
Indiana Customers: Gambling Problem? Call 1-800-9-WITH-IT.
Iowa Customers: Gambling Problem? Call 1-800-BETS-OFF.Kansas Customers: Gambling Problem? Getting Help is Your Best Bet. Call 1-800-522-4700 or visit ksgamblinghelp.com.
Louisiana Customers: If you or someone you know has a gambling problem and wants help, call 1-877-770-7867.
Maryland Customers: Please play responsibly. For help visit mdgamblinghelp.org or call 1-800-GAMBLER.
Massachusetts Customers: Hope is here. GamblingHelpLineMa.org or call (800) 327-5050 for 24/7 support. Play it smart from the start! GameSenseMA.com or call 1-800-GAM-1234.
New York Customers: For help with a gambling problem, call 1-877-8HOPE-NY or text HOPENY (467369).
North Carolina Customers: Gambling Problem? Call 877-718-5543 or visit morethanagame.nc.gov.
Tennessee Customers: Gambling Problem? Call TN REDLINE 1-800-889-9789.
West Virginia Customers: Gambling Problem? 1-800-GAMBLER or visit www.1800gambler.net.
14. Additional Terms
Administration: Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of Sponsor. Sponsor reserves the right to restrict at any time any person from participating in this Promotion for any reason. In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Promotion. Sponsor additionally reserves the right, in its sole and absolute discretion: (i) to modify, suspend or terminate the Promotion should a Force Majeure event or occurrence corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (ii) to disqualify any participant found to be, or suspected of: (a) tampering with the entry process or the operation of the Promotion; (b) acting in violation of these Terms and Conditions; or (c) acting in an unsportsmanlike manner.
Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships or organizations may reproduce or distribute any portion of these Terms and Conditions to their members.
Release and Waiver of Liability: By participating in this Promotion, individuals agree to release, defend, indemnify and hold harmless the Promotion Entities and each of their directors, officers, employees, representatives and agents (collectively, the “Released Parties”) from and against any and all liability claims, actions, costs (including attorneys’ fees) of any kind whatsoever (however named or described) for injuries, death, damages or losses in connection with: (i) your participation in the Promotion; (ii) the receipt, use or misuse of any Promotion Bonus, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by Sponsor’s own negligence; (iii) compliance with any terms of service, code of conduct or similar terms and conditions; (iv) the Released Parties’ actual or alleged violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or claims of infringement of intellectual property or other rights; and (v) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity or Promotion Bonus. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of any Promotion Bonus.
Publicity: Subject to applicable law, recipients irrevocably grant the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for providing the Promotion Bonuses to recipients. By participating in the Promotion, recipients agree to refrain from any behavior or communication that would harm the image or reputation of the Promotion Entities or the FanDuel user community.
No Third-Party Sponsor: This Promotion is in no way sponsored, endorsed or administered by, or in association with any person or other entity, including any third party, other than FanDuel.
Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of recipients and Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
Dispute Resolution: You agree that any claim or dispute that has arisen or may arise relating in any way to or arising out of the Promotion or these Terms and Conditions will be resolved in accordance with the dispute resolution provisions set forth in the “Binding arbitration and class action waiver” Section of the FanDuel Terms of Use (fanduel.com/terms). This Section of the FanDuel Terms of Use requires you to resolve disputes by binding arbitration and you agree to waive the ability to bring claims in a class action format.
LIMITATION OF LIABILITY: BY PARTICIPATING IN THIS PROMOTION, INDIVIDUALS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION OR ANY PROMOTION BONUS REDEEMED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (III) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (IV) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect. Participants agree to waive any rights to claim ambiguity of these Terms and Conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of these Terms and Conditions, these Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
Entry Information and Promotion Communications: As a condition of participating in this Promotion, each participant gives consent for Sponsor to obtain and deliver their name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information participant provides to Sponsor may be used to communicate with participant in relation to this Promotion. By participating in the Promotion, recipient consents to all of the terms and conditions of FanDuel’s Privacy Policy, which is available at fanduel.com/privacy.
CAUTION: ANY ATTEMPT TO DAMAGE SPONSOR’S WEBSITES OR APPS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR ANY PROMOTION OFFERED BY SPONSOR IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.