PokerNews X PokerStars X Oracle Red Bull Racing F1 Wheel Cover Giveaway (“Competition”)

POKERNEWS X POKERSTARS X ORACLE RED BULL RACING F1 WHEEL COVER GIVEAWAY (“COMPETITION”)

Competition Terms and Conditions

? NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THE COMPETITION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. SOME RESTRICTIONS APPLY.

The Competition

1. These Competition Terms and Conditions (“Competition Terms”) set out the terms and conditions on which eligible participants may enter the Competition.

2. The Promoter of the Competition is iBus Media Limited, an Isle of Man company having its registered office at 33-37 Athol St, Douglas, Isle of Man, IM1 1 LB (the “Promoter”, “we”,“us” or “our”). The Promoter is part of the group of companies that are controlled, directly or indirectly, by Flutter Entertainment PLC (“Flutter Group”).

3. In these Competition Terms, a reference to “you”, “your”, “participant” is a reference to persons wishing to participate in the Competition and a reference to or “winner” is a reference to the winner of the Competition.

4. Participation in the Competition is expressly conditioned upon your acceptance of, and compliance with, all requirements set out in these Competition Terms. You may be required to sign paperwork issued by the Promoter.
Competition Period

5. 12:00 PST on 15 November to 23:59 PST on 18 November 2023.

Eligibility

6. To be eligible to enter the Competition, you must:

a) be resident in the United Kingdom, Canada or USA (excluding the states of Washington, New York and Florida);
b) be at least 21 years of age;
c) Have a public account with Instagram and/or X (Twitter) (entries submitted via private accounts will not be eligible),

(together, the “Eligibility Criteria”).

7. Employees and relatives and/or affiliates of employees of the Flutter Group are not permitted to participate in the Competition. For the purpose of this clause, the term 'relative' shall mean but not be limited to spouse, partner, parent, cousin, child or sibling and 'affiliates' shall include, but not be limited to, such an employee's housemate(s) or co-habitee(s).

8. We reserve the right to ask participants for any proof of identification, age and address, and to conduct any ID and security checks on participants as we see fit to confirm participants comply with the Eligibility Criteria. Failure by a participant to meet the Eligibility Criteria, in our sole discretion (and as verified by us), and provide any information and documentation requested by us at any stage of the Competition will result in that participant being disqualified from the Competition.

9. The Competition is not in conjunction with or tied to any other competition or promotions that may be running at the same time or other times.

10. There is no entry fee and no purchase is necessary to enter the Competition.

Entry Requirements

11. To participate in the Competition, during the Competition Period you must:

a) ensure you are following @PokerNews on Instagram or X (Twitter) as applicable (you must be following @PokerNews on the platform on which you wish to enter);
b) navigate to the @PokerNews page on either Instagram or X (Twitter) ;
c) locate the promotional post on the @PokerNews page on either Instagram or X (Twitter) and answer the question asked (“which poker player will be the best Formula 1 driver?”) by commenting on the post; and
d) share the promotional post using your own account via Instagram or X (Twitter).

12. If you satisfy the Eligibility Criteria and successfully complete the steps set out in paragraph 11 above, you will have one valid entry to the Competition (“Entrants”).

13. Entrants are limited to one entry and any additional entries will be disqualified.

14. Entrants must not permit or allow another person to take part in the Competition on their behalf.

15. Entries submitted outside the Competition Period will not be accepted.

Prize

16. The winner of Competition will win one (1) signed Oracle Red Bull Racing F1 Wheel cover, signed by Max Verstappen and Sergio Perez (“Prize”) (subject to the provisions of these Competition Terms).

17. One Entrant will be randomly selected as the winner by the Promoter from the pool of Entrants (“Winner”). Promoter’s selection of the ultimate winner will be final and may not be challenged. Promoter remains the final arbiter of any decision as regards the Competition.

18. We will contact the winner via direct message to their Instagram or X (Twitter) account within 48 hours of the end of the Competition Period (“Winner Notification”).

19. The winner must claim the Prize by responding to the Winner Notification to accept the Prize within 48 hours (“Response Deadline”). If the winner does not respond to the Winner Notification and accept the Prize to the Promoter by the Response Deadline, the Prize will be forfeited and the Promoter shall be entitled to offer the Prize to another participant.

20. The Winner may also be announced on the Promoter’s social media and websites (“Announcement”) and by entering the Competition, Entrants acknowledge and agree that the Promoter is entitled to make the Announcement including their name.

21. The Promoter will ship the Prize to the Winner at the Promoter’s cost, however the Winner will be responsible for any import taxes or other costs associated.

22. All elements of the Prize are strictly non-transferable, non-exchangeable and may not be re-sold. No cash or any other alternative is available for any element of the Prize.

23. If the winner is unable to use/take part in any element of the Prize, for any reason beyond the Promoter’s reasonable control, the Promoter is not obliged to offer an alternative award or any cash alternative or compensation.

24. The winner must not do anything that may bring the Promoter, any of its group companies or its commercial partners into disrepute. The Promoter reserves the right to take appropriate action (including the removal of any element of the Prize) if the winner and/or their companion act in a way that the Promoter reasonably considers to bring the Promoter, any of its group companies or its commercial partners into disrepute.

25. The Promoter is not liable for any loss, theft, damage or injury caused or sustained by the winner as a result of accepting the Prize (except that the Promoter will be liable for death or personal injury arising from the Promoter’s negligence or for fraudulent misrepresentation).

26. Prize details and availability are subject to change, and in the event that the Promoter is unable to provide the winner with the Prize, the Promoter may elect to provide them with an alternate award of comparable or greater value.

27. The Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

28. The winner may be required to provide the Promoter with a valid social security number for tax reporting purposes before the Prize is awarded to them. An IRS Form 1099 may be issued in the name of the winner.

Additional Terms

29. Conduct of participants. If you are found to be in breach of these Competition Terms, we discover or reasonably believe that you have acted deceitfully or dishonestly with respect to the Competition, we will be entitled to: (i) exclude, suspend or disqualify you from the Competition; and (ii) exclude you from any or all future competitions. The decision as to what activity or behaviour constitutes a breach of these Competition Terms or what constitutes an act of deceit or dishonesty in relation to any conduct by you while participating in the Competition rests solely with us and in our sole discretion.

30. Health and safety. You must comply with all health and safety guidelines provided by us or that you should otherwise be aware of concerning your participation in the Competition and use of the Prize, and you must adhere to any applicable legal and regulatory requirements as necessary. Failure to comply with any direction given may result in your disqualification from the Competition.

31. Limitation of Liability. By participating in the Competition, you hereby agree to release, discharge and hold harmless the Promoter, and the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents of the Flutter Group, from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf), as a result of your participation in the Competition and/or receipt of the Prize and we fully exclude any liability in relation to any such claims (other than payment of any costs and expenses specifically provided as part of the Prize (if any) with respect to the Competition. This limitation does not include any liability on the part of us to you for: (i) negligence; (ii) death or personal injury arising out of our negligence or the negligence of our employees; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by applicable law.

32. SAVE AS PERMITTED UNDER PARAGRAPH 31 ABOVE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL WE OR THE FLUTTER GROUP OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY PARTY FOR: (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN RELATION TO YOUR PARTICIPATION IN ANY COMPETITION (OR INABILITY TO DO THE SAME), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE COMPETITION.

33. We will not be liable to you for any failure to perform any of our obligations under the Competition or in respect of the Prize where we are unable to do so as a result of circumstances beyond our reasonable control and whilst we may endeavour to provide an alternative prize, we shall not be liable to compensate any participant where we fail to do so in such circumstances.

34. You hereby agree to indemnify and hold harmless the Flutter Group, the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees of the Flutter Group from and against any and all costs, losses, damages, expenses, fines from any regulatory authorities and liabilities (including for loss of reputation and goodwill and professional advisers' fees and costs) incurred and/or suffered by us arising as a result of a breach by you or failure to perform or comply with your obligations under these Competition Terms and/or in connection with your failure to follow any instructions given by us or any of our partners in relation to any matter concerning your participation in the Competition and/or the Prize.

35. Data Privacy. The personal information supplied by you when entering or during the Competition will be processed, stored and used by us in accordance with the privacy policy for PokerNews located at https://www.villamayordemonjardin.com/privacy-policy.htm
If we wish for you to take part in any publicity or marketing campaigns in relation to your participation in the Competition, we will seek your written consent for any such use beforehand.

36. Changes to these Competition Terms. We reserve the right at any time to make minor amendments or alterations to these Competition Terms to correct errors or improve their clarity and comprehension for the benefit of participants. Furthermore, but in all cases acting reasonably, we may alter these Competition Terms, as well as cancel, modify or suspend the Competition or withdraw the Competition for specific participants, if: (a) we reasonably believe that the Competition is being abused by an individual or group of individuals which undermines the integrity of the Competition; (b) we are required to do so as a result of any legal or regulatory change; or (c) there are other valid reasons that prevent us from continuing the Competition provided that the reason is sufficiently serious such as a failure of our systems or due to manifest error. Any proposed material changes to these Competition Terms will be either notified to you directly. Any amendment, alteration or withdrawal of the Competition will not adversely impact participants who have already opted in to the Competition except in cases which are beyond our control (e.g. for legal and/or regulatory reasons).

37. Disputes. Without prejudice to any rights or remedies you may have under applicable law, in case of disputes or disagreements between you and us concerning any aspect of the Competition, including but not limited to any and all matters relating to the awarding of the Prize, a participant's eligibility to participate in the Competition, the conduct of any participant, or these Competition Terms, the final decision shall lie with us and any decision made by us shall be final and binding upon you and shall not be subject to review or appeal by you or any third party.

38. Governing Law and Jurisdiction. The governing law and jurisdiction that applies to these Competition Terms will depend on the country of residence of participants as follows:

a) Participants resident in the UK: any claims or disputes, issues and questions concerning the construction, validity, interpretation and enforceability of these Competition Terms, or the rights and obligations of UK resident participants and the Promoter in connection with the Competition, will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The courts of England and Wales will have exclusive jurisdiction in relation to the same.

b) Participants resident in Canada: any claims or disputes, issues and questions concerning the construction, validity, interpretation and enforceability of these Competition Terms, or the rights and obligations of Canada resident participants and the Promoter in connection with the Competition, will be governed by and construed in accordance with the Province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The courts of the Province of Ontario will have exclusive jurisdiction in relation to the same.

c) Participants resident in the United States: any issues and questions concerning the construction, validity, interpretation and enforceability of these Competition Terms or the rights and obligations of US resident participants and the Promoter in connection with the Competition 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.

You and we each agree to finally settle all disputes only through arbitration; provided, however, the Promoter will be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over you and us. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. You and we agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Competition shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within 14 days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Competition Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. We agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). You or we may, notwithstanding this paragraph, bring qualifying claims in small claims court.

39. Entire Agreement. These Competition Terms represent the entire agreement between you and us relating to the Competition and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing) between us and you. Except as specifically set out herein, all conditions, warranties, representations and terms (whether expressed or implied by law) are fully excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Competition Terms does not affect or impair the continuation in force of the remainder of these Competition Terms.

40. Support: if you have questions about the Competition, please contact [email protected].