Effective Date: August 1, 2025
These Terms and Conditions ("Terms") govern your participation in PlayAbly's "Buy Now, Win Later" conditional rebate promotion (the "Program"). By participating in the Program, you agree to be bound by these Terms. If you do not agree, do not participate in the Program. Participation is voluntary and not required to complete a purchase.
BY ACCESSING OR USING THE PROGRAM OR SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO AGREE TO THESE TERMS AND, IF AGREEING ON BEHALF OF AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PROGRAM OR SERVICES.
Program: A conditional rebate promotion through which a customer purchasing a qualifying product from a participating brand ("Retailer") may receive up to a full rebate (cash, gift card, or other specified rebate) if a specified prediction about a future event is correct.
Condition: The event or outcome that triggers eligibility for a cash, gift card, or other specified conditional rebate.
Promotional Product: A product identified at the point of sale as eligible for the Program containing the chosen condition added by the shopper.
Dual-Program Notice. This promotion consists of (i) a Conditional Rebate Offer available only to purchasers of Promotional Products, and (ii) a separate, no‑purchase‑necessary Sweepstakes open to eligible individuals whether or not a purchase is made. The Rebate Offer and the Sweepstakes are distinct; entries in one do not constitute entries in the other.
Eligible Purchase: A purchase of a product from the Retailer during the defined Program Period, provided such purchase has been identified as eligible for the Program at the point of sale or otherwise prior to your purchase and you checkout with a Promotional Product in your cart. If you return any items to the Retailer, your purchase is no longer an Eligible Purchase. Purchases cannot be refunded after the condition outcome has occurred unless otherwise specified by the Retailer.
No Purchase Necessary (Equal Dignity). A purchase does not increase chances of winning the Sweepstakes. The alternative, no‑purchase method of entry (AMOE) provides entrants the same chances of winning as any other method and is subject to the same entry limits and deadlines.
Rebate: The amount that will be issued to you, equal to up to 100% of the Purchase Price (excluding tax and fees including shipping), provided as cash, gift card, or other specified rebate, awarded if the Condition occurs as stated. A maximum rebate per order may be defined in the Program details.
Program Entry Page: The digital interface such as a pop-up or landing page where participants review Program details and submit their participation and, by doing so, agree to these Terms and Conditions as well as Retailer’s Terms and Conditions and specific conditional rebate rules as listed by the retailer.
Program Period: The defined time frame during which purchases must be completed.
Purchase Date: The date you completed the Eligible Purchase.
Purchase Price: The total amount paid by you for completing an Eligible Purchase, not including tax or shipping.
To enter the Program, you must:
You must receive a confirmation email to be officially entered into the Program. Returns void eligibility.
PlayAbly nor Retailer is not responsible for and will not consider any entries that (i) are incomplete, damaged, illegible, misdirected, inaccurate, not received, lost, stolen, delayed, undelivered, or late for any reason, including as a result of any technical, electronic, telephone, hardware, software, internet, server, email platform, social media platform, website, application, network, computer, data transmission, or any third-party service errors, malfunctions, or difficulties of any kind (collectively, “Transmission Failures”), or (ii) do not conform with any of the requirements of these Terms (collectively, “Faulty Entries”), including purchases or entries received after the Program Period.
PlayAbly reserves the right to remove entries from any participant who is believed to be attempting to manipulate, exploit, or otherwise game the system, including but not limited to fraudulent purchases, false identities, or other deceptive behavior.
You may only make one entry per Program through the point-of-sale entry method. You may not participate in another Program until the Program associated with your entry has ended.
The Program may not be combined with other sales incentives, discounts, rebates or promotions. Void where prohibited.
By entering into a BNWL promotion program, you are agreeing to receive marketing emails from PlayAbly. You may opt out at any time.
Official Rules Control (Sweepstakes). The Sweepstakes is governed by separate Official Rules incorporated by reference into these Terms. In the event of conflict between these Terms and the Official Rules, the Official Rules control for matters relating to the Sweepstakes.
If the future-state Condition occurs, and your eligibility is verified, you will receive the Rebate via the method outlined in the Program Entry Page.
Rebate payment will be made within 30 days following the event and verification.
PlayAbly and the Retailer reserve the right to disqualify entries suspected of tampering, fraud, or violation of these Terms.
The participating Retailer, and not PlayAbly, is solely responsible for accepting, honoring, and servicing Promotional Credit. PlayAbly may facilitate the issuance of Promotional Credit but does not itself redeem or service Promotional Credit.
Promotional Credit Terms:
Any potential person will be deemed eligible to receive the Rebate only after our verification of eligibility of the potential rebate. PlayAbly may disqualify you from the Program and deem any Program Entry Form void if it suspects or finds that you have (i) violated any applicable law or these Terms, including by (a) entering as a minor, or (c) entering as a resident of a location in which the Program is void; (ii) tampered or attempted to tamper with the entry process or the operation of the Program; (iii) acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, bully, or harass any other person; or (iv) attempted to undermine the legitimate operation of the Program by cheating, hacking, deception, or other unfair playing practices (collectively, “Violating Entries”).
Eligibility for the Sweepstakes mirrors Section 4 of these Terms except as modified in the Official Rules. Prize/value caps comply with state-specific limits (e.g., NY/FL max payable without additional registration/bonding: see Official Rules; RI retail registration threshold).
If the Rebate Offer sets state caps (e.g., $5,000 for NY/FL; $500 for RI), the Sweepstakes ARV and per-winner payout must observe the same limits for residents of those states unless the Sponsor completes required registration/bonding.
The Program is not endorsed by any sports league, team, or social media platform. Event predictions do not imply affiliation with or sponsorship by any third party.
Sponsor: Identify the legal entity responsible for the Sweepstakes (typically the Retailer or PlayAbly acting as administrator; see Part B).
Administrator: If PlayAbly administers on behalf of Retailer, include a role statement and right to interpret rules, verify eligibility, and conduct drawings.
Participant data will be processed per PlayAbly's Privacy Policy. Data may be used to contact participants and verify eligibility.
Sweepstakes entries are processed per PlayAbly Privacy Policy and, where applicable, Retailer’s privacy notice. Marketing opt‑ins are optional and not a condition of entry. Provide an unsubscribe mechanism for email/SMS communications.
Where permitted by law, winner grants Sponsor the right to use winner’s name, city/state, likeness, and prize information for advertising and publicity purposes without additional compensation
PlayAbly reserves the right to suspend, modify, or terminate the Program at any time for any reason. Without limiting the foregoing, if for any reason Program is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness, or proper conduct of the Program, PlayAbly may terminate the Program. Termination of a Program will not affect Promotional Rebate already issued, which will remain subject to its stated expiration terms
Sponsor may modify, suspend, or cancel the Sweepstakes for fraud/technical failures/force majeure with notice posted at the Official Rules URL; drawings may be conducted from eligible, non‑suspect entries received prior to action.
PlayAbly, Retailer and its service providers and promotional partners, and their respective affiliates and subsidiaries, and the directors, officers, employees, representatives, and agents of all such entities (collectively, the “Released Parties”) do not assume any liability for and may not be held liable for, and you hereby release and discharge, and will indemnify and hold them harmless from, any and all liability, losses, damages, rights, claims, and actions of any kind arising out of or relating to (i) the Program; (ii) any Faulty Entries or Violating Entries; (iv) any Transmission Failure, including any injury or damage to your or any other person’s computer related to or resulting from downloading any material connected to the Program, all of which may affect a person’s ability to participate in the Program; (v) any errors, omissions, or incorrect or inaccurate information in any Programrelated materials; or (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party, including third-party computer “hackers” or otherwise. PLAYABLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM. This section shall apply to the extent permitted by law.
Without limiting the foregoing or any other provision herein, the Released Parties’ total liability for any and all claims, judgements, losses, costs, damages and awards against the Released Parties shall not exceed the total Purchase Price for the Eligible Purchase. In no event shall the Released Parties be liable for any attorneys’ fees, punitive, indirect, incidental, special, and consequential damages. This section shall apply to the extent permitted by law.
Participants are solely responsible for any taxes arising from the receipt of a Rebate.
Taxes and fees are not included in the total amount of the rebate.
Winners are responsible for taxes; Sponsor may issue IRS Form 1099‑MISC for prizes ≥ $600. Winner must complete and return an IRS Form W‑9 (U.S.) prior to the prize award.
ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
A. This Section 11 is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that may arise between you and the Released Parties in connection with the Program shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into these Terms and Conditions, you, PlayAbly, and Retailer are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
B. YOU AND PLAYABLY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RETAILER AND/OR PLAYABLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
C. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Retailer and/or PlayAbly and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Retailer and/or PlayAbly may commence an arbitration proceeding.
D. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
E. Unless PlayAbly and/or Retailer and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, PlayAbly and/or Retailer agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
F. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $50,000 or less, at your request, PlayAbly will pay all Arbitration Fees. If the value of relief sought is more than $50,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, PlayAbly and/or Retailer will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, PlayAbly and/or Retailer will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $50,000 or less, PlayAbly and/or Retailer will pay reasonable attorneys’ fees should you prevail not to exceed $10,000. PlayAbly and/or Retailer will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $50,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
G. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
H. For the Sweepstakes, dispute resolution shall follow Section 11 (Arbitration) of these Terms except where prohibited by law or where state sweepstakes law requires a judicial forum for residents of certain states. If there is a conflict, the Official Rules will specify the controlling forum.
The provisions of these rules are deemed by the parties to be severable and the invalidity or unenforceability of any one or more of the provisions will not affect the validity or enforceability of any other provision, and all other provisions shall remain in full force and effect. If any one or more of the provisions of these rules is held to be excessively broad or invalid, illegal, or unenforceable, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by applicable law in conformance with its original intent.
For questions regarding the Program, please contact support@playably.ai.