KERO PARTNER - 2023 TITANS DRAFT PREDICTOR Game (the “Promotion”)

Official Rules for 2023 TITANS DRAFT PREDICTOR Game 

NO PURCHASE NECESSARY TO PLAY OR WIN A PRIZE. NO PURCHASE OR PAYMENT OF ANY KIND WILL IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND USE OF AN APPLICATION DOWNLOADED TO YOUR PERSONAL MOBILE DEVICE IS REQUIRED TO PLAY. VOID WHERE PROHIBITED.  THE PRIZE WINNERS MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, AS MORE FULLY DETAILED BELOW.

BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, AS MORE FULLY DETAILED BELOW.

SPONSOR

Tennessee Football, LLC (“Tennessee Titans” or “Sponsor”), 460 Great Circle Road, Nashville, TN 37228.

PROVIDER
Kero Sports Inc. (the “Provider”), 900 Biscayne Boulevard, #2206, Miami, Florida 33132.

The Promotion is administered by Kero Sports In.c (“The Provider”) and sponsored by Tennessee Titans (“The Sponsor”). By participating in the Promotion you agree to these Official Rules and Terms of use.

You are providing your information to The Provider,  and the information you provide will only be used to administer the Promotion, select the prize winners and fulfill the prizes, all in accordance with The Provider’s privacy policy, which may be found at: https://kerosports.com/privacy. You acknowledge that you have read and understand the privacy policy.

Please read these Terms of Use (collectively with the Tennessee Titans Privacy Policy at (https://www.tennesseetitans.com/about-us/privacy-policy) the “Terms of Use”) fully and carefully before participating in the promotion. These Terms of Use set forth the legally binding terms and conditions for your use or participation in the promotion.

Eligibility

Subject to these Kero Contest Official Rules (“Official Rules”), the Promotion is open only to individual persons who are 18 years of age and a permanent legal resident of one of the 50 United States and the District of Columbia as of the date of entry ("entrant," "you," or "your"). To be eligible to receive a prize (“Prize”), the information associated with the entrant’s entry form must be true and accurate. The information associated with the entrant’s entry form must identify the actual entrant in connection with the Promotion.

Current directors, officers, members, employees, agents, and contractors of Administrator or Sponsors, and each of its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Promotion, and all persons residing in the same households as employees for at least three (3) months, including but not limited to immediate family members (defined as including spouse, biological, adoptive, and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above) (“Promotion Entities”) are not eligible to win a Prize in the Promotion. Any person with inside information around the outcome of events referenced in a Contest is not eligible to win a Prize in the Promotion. Administrator reserves the right to verify an entrant’s eligibility before, during, and/or after any Contest.

Participation constitutes entrant’s full and unconditional agreement to abide by and be bound by these Official Rules and the Provider’s and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning any Prize is contingent upon fulfilling all requirements set forth herein. Provider’s and Sponsor’s decisions as to the administration and operation of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion. The Contest is subject to all applicable federal, state, and local laws and regulations.

Release.

You agree to release Sponsor, Provider and all other companies involved in the making, delivery or management of the promotion, and all involved subsidiaries, agencies, developers, affiliates, franchisees, employees, promoters, directors, sponsors, vendors, officers, agents and related persons (collectively, the “Released Parties”), from any liability, loss or damage incurred in connection with or arising out of the promotion, or from your use, misuse or acceptance of a prize. Released Parties are not responsible for any and all failures or malfunctions of the promotion including but not limited to incomplete, inaccurate, late, lost, stolen, delayed, undelivered or misdirected predictions, points, user registration or information, messages, purchases, theft, destruction or unauthorized access to, or alteration of any digital or analog communication by you to the promotion or the promotion to you, including mobile phones, phone lines or telephone systems; interrupted or unavailable network, cable, satellite, Wi-Fi, Internet Service Provider, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to participant’s or any other person’s computer or mobile device related to or resulting from your use of the promotion; errors in these Terms and Conditions, in any advertisements or other materials; the selection or announcement of potential winners or the announcement or distribution of prizes; the cancellation, suspension or preemption of any event, injuries or other unavailability of a team or player, App processing, prediction submission, point tabulation, or timing errors or other problems or errors of any kind that may occur in connection with the administration of the promotion, whether mechanical, human, electronic, typographical, printing or otherwise, including, without limitation, incorrectly entered information that determines point allocations (e.g., decision results of individual props etc.) or results that are later overturned due to a refereeing or other decisions.  Participants in this promotion (if minor, his/her parent or legal guardian) agree to be bound by these Official Rules and agree that the Sponsor or Provider and their designees and assigns may use the participant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.

HOW TO PLAY 

  1. To participate in the promotion you must download the free “Tennessee Titans app” available at the Apple App Store and/or Google Play store where the promotion is being hosted (the “Promotion Site”) on any internet connected phone, smartphone, tablet or pad (collectively “Digital Device”).

  2. Once the Application is installed on your Digital Device, the game will be accessible by clicking on the Titans Draft Predictor “Play Now” button.  Upon entering the promotion, you will be asked to enter your contact information which may include your mobile phone number and email address.  Providing your mobile phone number will result in you receiving an entry code via sms to confirm your phone number.  STANDARD MESSAGE RATES AND DATA CHARGES APPLY.  Please consult the terms and conditions of your individual service plan prior to participating.

  3. Upon entering the Promotion You will automatically receive one hundred (100) points (each point, individually, shall be referred to as a “Game Event Point”) once you enter the In-App Game during the Individual Entry Period for a Game.  During the Game, the Provider will periodically send out questions related to Game events (each, a “Game Event”).  These questions may be trivia questions or predictive-type questions related to in-game plays and, therefore, may expire quickly.  Each question will enable you to select one of two potential answers, and questions will be categorized as either head-to-head (“H2H”) or bonus questions. For H2H questions, you will be able to allocate the Game Event Points that you have accumulated during the Game (i.e., not to exceed the total amount of Game Event Points awarded, which shall initially be one hundred (100) toward each question.  Each time you correctly answer an H2H question, you will be awarded points.  The amount of points you are awarded will be impacted by the amount of Game Event Points being allocated by all other participating players, as point allocation is settled parimutuel. When you incorrectly answer, you will lose the amount of Game Event Points allocated to the particular question.  In addition, you will be awarded ten (10) points for each correct answer of an H2H question while your total Game Event Points equals zero (0).  Bonus questions will award all players with a fixed amount of points for each correct answer.  The fixed amount of points awarded for bonus questions may vary throughout the Game and will be consistent for all participating players.  Incorrectly answering a bonus question will not result in any loss of points.

  4. Each entrant will have access to a leaderboard within the promotion where your game event points will be automatically recorded and displayed as soon as the electronic records for the applicable Promotion are updated.  On or about the first calendar day following the Promotion the Sponsor will tabulate game event points earned by each entrant to determine the three (3) entrants with the highest total number of Game Event Points earned (each, a “Top Score”).  In the event of a tie or multiple ties in the highest total number of Game Event Points earned by participants in a Promotion, the winner of such prize will be determined by a random drawing among all of the tied entrants.

TOP SCORES AND ODDS

  1. Top Scores. On or about the first calendar day following the end of the Promotion, the three (3) participants who have recorded the highest total number of Game Event Points shall be deemed the winners, subject to verification of eligibility and compliance with these Official Rules.

  2. Odds. The odds of winning the prize for a Top Score are based upon (a) the number of participants playing the Promotion and (b) the total number of game Event Points earned by a participant during the Promotion.

PRIZES

  1. Prize Description. The following prizing will be made available to the three (3) Top Score winners of the Promotion:

    1. 1st Place: Titans helmet, autographed by the team’s first pick in the 2023 NFL Draft (ARV = $500)

    2. 2nd Place: Football, autographed by the team’s first pick in the 2023 NFL Draft (ARV = $250)

    3. 3rd Place: $100 Titans Pro Shop Gift Card (ARV = $100)

      2. Other Prize Conditions.  All prize details shall be determined in the sole and absolute discretion of Sponsor. Each winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use which are not specifically included in the applicable prize description above, including, but not limited to, transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of each winner.  Sponsor reserves the right to substitute a prize (or any portion thereof) with a prize of comparable or greater value at its sole discretion. In no event will Sponsor be obligated to award more than the number of prizes stated in these Official Rules.  Except as determined by Sponsor, in its sole discretion, no substitution of a prize is offered, no transfer of a prize to a third-party is permitted, and a prize may not be redeemed for cash value. 

NOTIFICATION

Each potential winner will be notified at the email address associated with the potential winner’s Application account with details on how to collect the prize (the “Prize Notification”).  In the event that any potential winner does not respond to the Prize Notification within three (3) days of the date of issuance or declines the prize for any reason, a disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be selected from among the remaining eligible participants in the same manner as the winner forfeiting the prize was selected (i.e., by obtaining the next best score during the applicable Promotion). Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. Each potential winner may be required to execute, and return an Affidavit of Eligibility, Release and Acceptance Form and, unless prohibited by law, a Release of Publicity, within five (5) days of the date of issuance of the Prize Notification. Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, noncompliance with these Official Rules, or the return of the Prize Notification or of a prize (or any portion thereof) as non-deliverable may result in a potential winner’s disqualification and prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be selected. 

  1. CONDITIONS OF PARTICIPATION. This Promotion is subject to all federal, state and local laws and regulations and is void where prohibited. All other expenses on the receipt and use of a prize not specifically mentioned in these Official Rules are solely the responsibility of each winner. By participating in the Promotion, each eligible participant agrees (a) to accept and abide by these Official Rules and terms of use of the Application, (b) that any dispute with regard to the conduct of this Promotion, rule interpretation or award of prize shall be submitted to the management of Sponsor, who will make a final, binding determination, and (c) to waive any and all claims against Sponsor, Provider, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents. (collectively, “Released Parties”) for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from receipt or use of any Promotion prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each winner, by acceptance of a prize, grants to Sponsor and each of their respective designees the right to publicize his/her/their name, address (city and state/territory of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

  2. DISQUALIFICATION. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of these Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.

  3. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THIS Promotion OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS Promotion MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR, THE PROVIDER, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

  4. SECONDARY WAGERS STRICTLY PROHIBITED.  You are strictly prohibited from engaging in any alternative secondary activity related to your or other users’ activities and performance in the Promotion, including, but not limited to, making wagers outside of the Promotion related to points balances or outcomes of individual questions.  Any such activity will result in immediate suspension of your Promotion account.

  5. PROMOTION ADMINISTRATION. Sponsor and/or Provider will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. All decisions by Sponsor and/or Provider regarding the Promotion shall be final and binding in all respects.

  6. LIMITATION OF LIABILITY. Released Parties assume no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet, the Application, or any combination thereof; or (e) any injury or damage to participant’s or to any other person’s computer or cell phone which may be related to or resulting from any attempt to participate in the Promotion or download any materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part.  Sponsor, Provider  and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this promotion.

  7. USE OF INFORMATION. Personally identifiable information that is submitted by participants as part of this Promotion will be used to administer the Promotion, select the prize winners, and fulfill the prizes.

  8. ARBITRATION: As a condition of entering and playing this  Promotion, you agree to have all disputes be resolved solely by binding arbitration and waive your right to individually or collectively bring claims in a class action format against The Provider or The Sponsor of this promotion.