POINTSBET NBA SWEEPSTAKES

TERMS OF USE

ATTENTION: BY ENTERING THIS CONTEST, YOU AGREE AND AFFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THIS CONTEST. THESE TERMS OF USE GOVERN THE CONTEST, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, VIDEOS OR PHOTOGRAPHS) THAT POINTSBET (“SPONSOR”) MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT SPONSOR MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS OF USE COLLECTIVELY AS THE “SPONSOR’S SITE.”

You understand and acknowledge that the Sponsor’s Site may be protected by intellectual property rights which are owned by Sponsor or by other entities. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Sponsor’s Site, either in whole or in part, unless you have been specifically told that you may do so by Sponsor or by the owners of rights to content of the Sponsor’s Site, in a separate agreement.

1. PRIVACY POLICY: This Privacy Policy explains how Sponsor gathers and uses information you provide to us. BY VISITING SPONSOR’S SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE WITH ANY ASPECT OF THIS POLICY, YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF SPONSOR’S SITE.

a. Information We Collect:

Our Site. We may collect information that your browser sends to our servers when you visit our Site. For example, your browser or device may send us information about the type of browser or device you are using as well as your internet protocol (“IP”) addresses (which may tell us generally where you are located). Your browser may also send us information such as the page that led you to our Site. In limited circumstances, depending on the search engine you are using, your browser may also send us the search terms you typed into a search engine that led you to our Site. By using cookies and similar technologies (see below), Sponsor may collect information about how you use our websites and applications, and our servers may collect similar information when you are logged in to the Site.

Personally Identifiable Information (“PII”). This is information you provide to us which personally identifies you, such as your name, email address, residential address, or other data that permits the identity of an individual to be directly or indirectly inferred. You may visit our Site without providing any personally identifiable information to us, except to the extent that IP addresses may be considered personally identifiable information in some jurisdictions. The only personally identifiable information Sponsor collects and stores is the information that you choose to provide to us via an "opt-in" method, where you must affirmatively choose to provide Sponsor with your personally identifiable information.

Log Files. To improve the services we offer you and to improve marketing, analytics, or site functionality, we gather certain information automatically and store it in log files. This information may include IP address, browser type, internet service provider (“ISP”), referring/exit page, operating system, date/time stamp, and/or clickstream data. Additionally, when you contact Sponsor, we may keep a record of your communication with us.

Behavioral Targeting / Re-Targeting. From time to time, we partner with one or more different companies to manage our advertising on other sites. Our third-party partner(s) may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you with advertising based upon your browsing activities and interests. If you do not want this information used for the purpose of serving you interest-based ads, you may opt-out by clicking the settings of the advertisement. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

b. Use Of Your Information: Sponsor uses the information you provide to us to: (a) allow Sponsor, our corporate affiliates, and our business partners to deliver Sponsor’s products and services to you; (b) provide you with information you have requested from us; (c) carry out our obligations arising from any contracts and agreements we have entered into with you; (d) notify you about changes to our Site and/or products and services; (e) tell you about other products and services we believe may be of interest to you; (f) improve our Site, services, and products; and (g) fulfill any other purpose for which you provide the information. When you provide your information to us, you are consenting to our use of the information in this way. Sponsor may sell, trade, or otherwise transfer to trusted third parties your personally identifiable information for purposes of offering you products and services that may be of interest to you.

Our Site may, from time to time, contain links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. We recommend and encourage that you always review the privacy policies of third parties before you provide any personal information or complete any transaction with such parties.

We may access and/or disclose any information if we believe such action is necessary to: (a) comply with any law, judicial, proceeding, government request, court order, legal process, rule or regulation or any process served on Sponsor; (b) protect and defend the rights or property of Sponsor (including the enforcement of our agreements and investigation of potential violations thereof); (c) protect your safety or the safety of others; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) act in urgent circumstances or emergencies.

We may use push notifications to contact you through your mobile device. If you choose not to receive push notifications, you can disable push notifications by adjusting the setting on your mobile device.

c. Cookies: To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.

What are cookies? A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don't have to keep re-entering them whenever you come back to the site or browse from one page to another.

How do we use cookies? A number of our pages use cookies to remember:

· your display preferences, such as contrast color settings or font size

· if you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won't be asked again)

· if you have agreed (or not) to our use of cookies on this site

Also, some videos embedded in our pages use a cookie to anonymously gather statistics on how you got there and what videos you visited. Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.

The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

Do we use other cookies? Some of our pages or subsites may use additional or different cookies to the ones described above. If so, the details of these will be provided in their specific cookies notice page. You may be asked for your agreement to store these cookies.

How to control cookies. You can control and/or delete cookies as you wish - for details, see aboutcookies.org . You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

d. Collection And Use Of Children’s Personal Information: Sponsor’s website is strictly for persons ages 21 and over with strict age verification policies. Therefore, Sponsor does not knowingly direct its services to children under the age of 13 and therefore is not subject to the Children’s Online Privacy Protection Act Rules. Nonetheless, Sponsor does not knowingly collect personal information from children under the age of 13, and use of site is prohibited to children under the age of 13. If Sponsor learns that we have personal information on a child under the age of 13, we will delete that information from our systems. We encourage you to talk with your children about communicating with strangers and disclosing personal information online.

e. Data Retention: Please note that we need to retain certain information about you for legal and internal business reasons, such as fraud prevention. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Due to the nature of long-term, routine backup media it is not possible to delete all instances of an individual’s PII from all backup media, but this media is protected by robust physical security measures, as well as encryption, and is disposed of based upon our backup retention policies or when the media is retired.

f. Cloud Storage: User Generated Content including all gambling related and personal information, will be stored and secured using third party cloud services consistent with standard industry practice, including compliance with applicable data privacy laws.

g. Modifications To This Policy: We reserve the right to modify this Policy at any time. Your continued use of any portion of Sponsor’s Site following notification or posting of such changes will constitute your acceptance of those changes. Please check our Site for the most current version.

2. USE OF SPONSOR’S SITE: Sponsor authorizes you to use Sponsor’s Site only for your own personal, non-commercial purposes. Use of Sponsor’s Site for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) without an express written agreement with Sponsor is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Sponsor, Sponsor owns the Sponsor Site. Sponsor’s Site is protected under United States, Australia, and international copyright laws. Any unauthorized use of Sponsor’s Site may violate copyright, trademark, and other laws.

You agree to use Sponsor’s Site only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of Sponsor’s Site by any means other than through the interface that is provided by Sponsor, unless you have been specifically allowed to do so in a separate agreement with Sponsor. You specifically agree not to access (or attempt to access) any of Sponsor’s Site through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Sponsor, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Materials or Services for any purpose. You agree that you are solely responsible for (and that Sponsor has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Sponsor may suffer) of any such breach.

3. ACCESS: You are responsible for obtaining and maintaining all equipment and services needed for access to and use of Sponsor’s Site. You are responsible for maintaining the confidentiality of your password and you are solely responsible for all activities that occur under your password. You agree to notify Sponsor immediately of any unauthorized use of your password or any other breach of security related to Sponsor’s Site. Sponsor reserves the right to require you to change your password if Sponsor believes that your password no longer is secure.

4. PROHIBITED USES: You agree not to use Sponsor’s Site (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt Sponsor’s Site or servers or networks connected to Sponsor’s Site. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with Sponsor’s Site; or (2) attempt to gain unauthorized access to any portion of Sponsor’s Site or any other accounts, computer systems, or networks connected to Sponsor’s Site, whether through hacking, password mining, or any other means.

5. TERMINATION: Sponsor may terminate, suspend, or modify your registration with, or access to, all or part of Sponsor’s Site, without notice, at any time and for any reason. You may discontinue your participation in and access to Sponsor’s Site at any time. If you breach any of these Terms of Use, your authorization to use Sponsor’s Site automatically terminates and you agree to immediately destroy any downloaded or printed content obtained from Sponsor’s Site (and any copies thereof).

6. LIMITATION OF LIABILITY: Sponsor is not responsible for illegible, lost, late, incomplete, stolen, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, printing, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion, including server errors, viruses or otherwise, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Sponsor is not responsible for any injury, including death, or damage, whether personal or property, to participants or to any third party’s computer related to or resulting from participating in the Promotion and/or accepting a prize. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Promotion, the Entrant’s sole remedy is to submit another entry. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of the winner, in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification or suspension.

SPONSOR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. IN NO EVENT WILL SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF SPONSOR’S SITE OR ANY OTHER MEDIUM ASSOCIATED WITH SPONSOR. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE APP AND WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

In addition, Sponsor is not responsible for and shall be defended, indemnified, held harmless and released by each user for any claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from a user’s participation in any Promotion or acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of a prize. In particular, by entering the Promotion, each user agrees to waive all of his/her rights to bring any claim, action, or proceeding against Sponsor in connection with the Promotion; and to forever and irrevocably agree to release, defend, indemnify, and hold harmless Sponsor from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) for an injuries, losses or damages of any kind to persons, including, without limitation, death, or property resulting in whole or in part, directly or indirectly, from: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the Entrant’s entry, participation or inability to participate in the Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of Sponsor’ control, or as otherwise permitted in these Terms of Use, (f) any interruptions in or postponement, cancellation, or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of Sponsor or by an user, (j) interruption or inability to access the Promotion, the Website, or any other Promotion- related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to User’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of Sponsor, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (p) the collection, use and/or sharing of user’s personally identifiable information by Sponsor or its designees or (q) the negligence or willful misconduct by user.

7. EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Sponsor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sponsor’s liability shall be the minimum permitted under such applicable law.

8. VISITORS: Sponsor reserves the right to determine what constitutes inappropriate behavior and to bar offenders at its sole discretion. Unless expressly permitted, you may not publish or reproduce the content that appears on any part of Sponsor’s Site. Sponsor reserves the right to block or remove postings or communications at any time at Sponsor’s sole discretion.

9. LINKS TO THIRD-PARTY WEBSITES: Some links on Sponsor’s Site may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave Sponsor’s Site. Sponsor is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). Thus, Sponsor does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to Sponsor’s Site, you do so entirely at your own risk.

10. LINKING TO SPONSOR’S SITE: You may create links to Sponsor’s Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent Sponsor’s written authorization otherwise, a website that links to this Site: (1) may link to, but shall not replicate, any content of Sponsor’s Site (including any Sponsor logo); (2) shall not create a browser or border environment around any content of Sponsor’s Site; (3) shall not imply that Sponsor endorses such website or any products, services, or content available through such website; (4) shall not misrepresent its relationship with Sponsor; (5) shall not present false or misleading information about Sponsor, its products, or its services; (6) shall not contain content that could be construed as distasteful, offensive, or controversial; and (7) shall contain only content that is appropriate for all age groups. Sponsor encourages, however, engagement from social media.

11. TRADEMARKS: Sponsor and any other product or service name or slogan or logo contained in Sponsor Site are trademarks of Sponsor or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sponsor or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Sponsor or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of Sponsor without Sponsor’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Sponsor and may not be copied, imitated, or used (in whole or in part) without Sponsor’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Sponsor.

12. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Sponsor Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms of Use. Sponsor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Sponsor’s defense of such claim.

13. MODIFICATIONS TO THESE TERMS OF USE: Sponsor may, in its sole and absolute discretion, change these Terms of Use from time to time. Sponsor will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using Sponsor’s Site. Continued use of Sponsor’s Site following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly-designated legal notices or terms located on particular pages of Sponsor’s Site and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms of Use and to supersede the provision(s) of these Terms of Use that are designated as being superseded.

14. GOVERNING LANGUAGE: These Terms of Use have been drafted in the English language. In the event any translation of these Terms of Use is prepared for convenience or any other purpose, the provisions of the English version shall prevail.

15. GENERAL: These Terms of Use constitute the entire and exclusive and final statement of the agreement between you and Sponsor with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Sponsor with respect to such subject matter.

The law of United States shall be used to govern, construe and enforce all rights and duties of the parties arising from or in any way relating to the subject matter of these Terms of Use including, without limitation, the performance, construction interpretation and enforcement thereof.

You agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use shall be finally settled and resolved through binding individual arbitration as described in this section, which shall be interpreted broadly. All such claims and disputes shall be submitted per the New Jersey rules of court and arbitration rules. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

The failure of Sponsor to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Sponsor and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use shall remain in full force and effect notwithstanding any termination of your use of Sponsor Site. These Terms of Use will be interpreted without application of any strict construction in favor of or against you or Sponsor. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sponsor without restriction.