Robn Terms Of Use

These Terms of Use (the “Terms”) have been published as of July 1, 2024. These Terms form binding agreements between You and Green Onions, LLC (“Robn,” “Us, “We,” or “Our”) and provide all of the conditions governing Your transactions and interactions with, and Your access and use of www.robnsports.com (the “Website”), and participation in Robn’s promotional sweepstakes, referred throughout the Website as Sports Prediction Tournaments (the “Tournament” or “Tournaments”). The Website and the Tournaments collectively comprise the “Platform”.

Persons who complete a Valid Method of Entry (“VMOE”) for a Tournament as defined in that Tournament’s Rules and participate in a Tournament are a "Contestant."

The Website is a sports content community that sells subscriptions that allow persons to access written, visual and other content (the "Content"). The Website may also sell other goods or services from time to time. The Website promotes the sale of its goods and services by offering Tournaments in which Contestants can predict a finite number of sports outcomes for the chance to win prizes (“Prizes”).

Tournaments are a sweepstakes marketing vehicle for the Website. Neither Tournaments, nor any other aspect of the Platform, offer or constitute any form of “sports betting,” “daily fantasy sports,” “wagering” or “real-money gambling.”

No money is required to participate in any Tournament, and a purchase or payment of any kind on the Website will not increase or impact a Contestant’s chance of winning a Tournament. The entirety of the Platform is intended for entertainment and recreational purposes, only.

A subscription purchase to Content or to other goods and services does not obligate the subscriber to participate in any Tournament, nor does it imply that a subscriber has participated or will participate in any Tournament.

UNIQUE TOURNAMENTS

The Platform shall offer a series of discrete Tournaments to promote the sale of Content subscriptions or other goods and services. Every Tournament offered on the Platform may have its own unique set of Sweepstakes Tournament Rules (the “Rules”). While Tournaments may have many similarities, We are likely to amend Rules on an ongoing basis from Tournament to Tournament. It is Contestants' responsibility to read and fully understand Rules for each discrete Tournament in which they participate.

No Rules shall be amended from the time during the period starting with when Contestants are allowed to submit Tournament Entries and ending at the Tournament Entry Form (“Form" or “Forms”) submission deadline (the “Period.”). Individual Tournament Rules will be made available conspicuously on the Website and on Forms in advance of each Period.

In the event of any disparity between the Terms (or Rules that the Terms reference or link to) and Rules posted on the Website or on a Form with regards to a specific Tournament, the Rules posted on the Website or on an Entry Form shall be considered the Rules that govern a Contestant’s participation in that specific Tournament, and shall supersede the Terms.

We may modify or amend the Terms or the Privacy Policy. If We do so, any such modifications or changes shall be reflected in the Terms and Privacy Policy as posted throughout the Platform.

You agree that You will regularly review the Terms, the Privacy Policy and applicable Tournament Rules prior to utilizing the Platform and be bound by any such changes, and that Your use of the Platform after any changes are posted, including but not limited to such use as purchasing a Content subscription on the Website or entering or participating in a Tournament,  shall constitute consent to the Terms, Privacy Policy and Rules as amended.

In order to operate the Platform, Robn may utilize the technologies and services of Third-Party Service Providers (“Providers”).

Robn’s Providers are the Ghost Foundation, Typeform U.S. LLC, and Stripe, Inc. By agreeing to these Terms, You also agree to be bound by Providers’ Terms of Service.

ELIGIBILITY

The Tournament is open to legal U.S. residents who are at least 18 years of age and who are physically located in the U.S. at the time of Participation. Participation and Attempted Participation are void where prohibited by law.

A person who participates in a Tournament is a "Contestant." 

You hereby warrant that You:

• Will only participate in a Tournament for recreational and entertainment purposes only;
• That You participate in Tournaments on Your own behalf and not on the behalf of any other person;
• That all the information You provide to Us at any point and by any means or mechanism is true, complete and correct, and You will immediately notify Us of any change to such information;
• That You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your participation in any Tournament; and
• You will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices to aide Your participation in any Tournament.

We reserve the right to invalidate any participation in the event of any such behavior.

Any person who is knowingly in breach of this clause, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information about Your location or place of residence, or by Participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to participate, is in breach of these Terms. You may be committing fraud and may be subject to criminal prosecution.

It is a Contestant’s responsibility to ensure that their use of the Platform is lawful in their jurisdiction. Tournaments are subject to all applicable federal, state, provincial, territorial and local laws and regulations. It is the sole responsibility of a Contestant to determine whether the Tournament is legal and compliant with all regulations in the jurisdiction in which the Contestant resides. 

Employees of Green Onions LLC., any of its affiliates, vendors, consultants, Partners, or any other company or individual involved with the production, execution or distribution of the Tournament and their immediate family are not eligible to participate in the Tournament.

ENTRIES

Contestants that complete a VMOE as defined in an individual Tournament’s Rules shall receive one (1) unique Entry Code by which they can enter a Tournament and submit a Form.

Contestants are only allowed to obtain one (1) Entry Code and submit one (1) valid Form per Tournament. Contestants may not submit a Form without accurately entering their Entry Code on the Form, and submitted Forms with incorrect or inaccurate Entry Codes shall be deemed invalid and void.

Contestants attempting to obtain more than one (1) Entry Code, or attempting to submit multiple entries to the same Tournament, may have their entries cancelled or voided, or may be suspended or permanently banned from utilizing the Platform.

From time to time, Robn’s Providers might be unable to restrict Contestants from submitting multiple Forms for the same Tournament. If Robn finds that Contestants have been able to submit multiple Forms for the same Tournament due to Provider error, the final Form that the Customer submits chronologically will be the Form that applies toward that Customer’s Tournament participation.

You must notify Us immediately if You have obtained more than one Entry Code, or if You have knowingly submitted multiple Forms for the same Tournament.  

You are prohibited from allowing anyone else to participate in any Tournament by utilizing Your Entry Code or your personal identifying information, and You are prohibited from utilizing another person’s Entry Code, their personal identifying information, or otherwise fictitious personal identifying information, to participate in any Tournament.

PERSONAL INFORMATION

You are required to submit accurate personal information to Robn when submitting an Entry for a Tournament. You hereby warrant that Robn may utilize this personal information if necessary to verify Your age and identity to ensure compliance with legal requirements. 

By agreeing to these Terms you agree that Robn may share your personal information with a Robn Partner who is a presenting sponsor of one or more Tournaments. Robn will not sell your personal information to third parties.

CONTENT SUBSCRIPTION PURCHASES

You may purchase a subscription to the Content on either the Website or an Entry Form. Persons that purchase a subscription to the Content shall receive one (1) unique Entry Code to be used for entry into any Tournament that runs during the duration of their active subscription.

No subscription purchase is necessary to receive an Entry Code. Persons that wish to participate in a Tournament without purchasing a subscription may complete an alternative free VMOE as per that Tournament’s Rules.

A subscriber’s subscription duration shall last until the date as determined by Robn’s content management system (“CMS”) Provider, Ghost. Subscription purchases are facilitated by Robn’s CMS and its third-party payments providers.

The price of a Content subscription shall cost the price indicated on the subscription page of the Website. Prices may fluctuate from time to time, and Robn may offer special discounts and free trials for subscriptions at its sole discretion.

When Your Content subscription purchase is complete, We may send You a confirmation email with Your order details. We will separately send You an email to the email address You provided the Website with an Entry Code that is unique to You. You are advised to check all spam and junk email folders to ensure delivery of this correspondence, as We cannot guarantee it will pass through spam filters. You are encouraged to keep a copy of this email for Your records. This Entry Code will be usable by You alone for entry into all Tournaments that occur during the duration of Your active Content subscription. By agreeing to these Terms, You agree to not directly or indirectly share this Entry Code with or disclose this Entry Code to any other Contestant or potential Contestant. 

All Content subscription payments are final. Robn will not alter, suspend, refund or void Content subscriptions. 

TITLE AND INTEREST

Subject to Your agreement and continuing compliance with these Terms, Robn grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform.

These Terms do not grant You any right, title or interest in the Website or any of its related Content, including Tournament results, podcasts, videos, articles, social media posts or written summaries.

You acknowledge and agree that Your license to use the Platform is limited by these Terms and if You do not agree to, or if You act in contravention of, these Terms, Robn may revoke Your license.  

We reserve the right to declare void at Our sole discretion the result of any Tournament, or any real-world event or proposition to which a Tournament pertains. 

We also reserve the right to declare void at Our sole discretion any Tournament results that are initially published and, by virtue of any error pertaining to Tournament play or the results of a real-world event, including but not limited to mislabeling, miscalculation, or incorrect data entry by Robn, or by virtue of any Provider technical error, are found to be inaccurate.

Robn will make best reasonable efforts to identify and correct any inaccuracies as quickly as possible, and to communicate the rectification of such errors to affected Contestants.

FRAUD

You acknowledge that You will not, directly or indirectly, commit any of the following actions, which Robn considers to constitute Fraud:

• Attempting to modify, copy, offer for sale, reverse engineer, or reverse-assemble any part of the Platform;
• Knowingly introducing to the Platform malware, viruses or other similar harmful material;
• Engaging in any form of cheating or collusion with regards to a Tournament or with regards to the underlying real-world events to which a Tournament pertains;
• Misrepresenting Your personal identifying information in an attempt to circumvent age, location, identity or single-entry requirements for Tournament Participation; and
• Utilizing multiple identities or email addresses to subscribing to the Website multiple times in an attempt to obtain multiple Entry Codes or submit multiple Forms for the same Tournament.

Robn reserves the full and unilateral right to ban or suspend Contestants who it reasonably suspects have engaged in Fraud that violates these Terms.

If You suspect any unlawful or fraudulent activity or prohibited transaction by another Contestant, please notify Us immediately at support@playrobn.com.  

‍INTELLECTUAL PROPERTY

You acknowledge that Green Onions LLC is the creator and authorized licensee of all intellectual property in relation to the Platform.

You grant Us, and represent and warrant that You have the right to grant Us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way We see fit, any information, images, videos, comments, messages, music or profiles You send to Robn or communicate to Robn or Robn representatives, partners, affiliates or Providers in any form or manner.

All trademarks and logos displayed on the Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.

Robn reserves the right to withdraw or modify such promotions without prior notice to You. If, in Robn’s reasonable opinion a Contestant is abusing any promotion, to derive any advantage or gain for themselves or another Contestant, including by way of Fraud, We may, at Our sole discretion, withhold, deny or cancel any Prize for which the Contestant qualifies based on their Tournament results, or suspend the Contestant from utilizing the Platform. 

WARRANTIES

You represent and warrant that You have the right and authority to accept these Terms and to abide by them, that You are of legal age and that You have fully read and understood the Terms, Privacy Policy and applicable Tournament Rules. By accepting these Terms or by accessing the Platform, You confirm that You have read and agree to be bound by these Terms, Privacy Policy and applicable Tournament Rules.

If You do not agree with any provision of these Terms, Privacy Policy or applicable Tournament Rules, You must not utilize any aspect of the Platform, including but not limited to such actions as subscribing to the Website or participating in any Tournament.

All Tournament gameplay and Website content are provided, transmitted, distributed, and made available “as is” and “as available” without express or implied warranties of any kind.

Robn makes no warranty that:

• The Platform will be uninterrupted or error free;
• Defects or errors in the Platform will be identified or corrected;
• The Platform will be free from viruses or other harmful components;
• Your use of the Platform will meet Your requirements; or
• Transmissions or data on, to or from the Platform will be secure.

Robn shall have no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any activity by You on the Platform. 

In the event of a Provider technological malfunction that pertains to Tournament participation, all Contestant participation for that Tournament including predictions, submissions and accumulated points may be voided at Our discretion.

In the event Robn is prevented from continuing to operate any part of the Platform, or the integrity and/or feasibility of the Tournaments are undermined by any event including, but not limited to fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause (each a “Force Majeure” event or occurrence), Robn shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate Tournaments without further obligation. 

In the event Robn is prevented from continuing to operate any part of the Platform, or the integrity and/or feasibility of the Tournaments are undermined by any economic or business event, or change of control, Robn shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate Tournaments without further obligation. 

By agreeing to these Terms you agree that Robn may temporarily or permanently suspend any Tournament play for any reason at Our sole discretion, and that any dispute with regard to the conduct of Tournaments, including Rules interpretations, gameplay, and Prize fulfillment, shall be resolved solely by Robn, whose decisions shall be binding and final.  

WAIVER OF DAMAGES

By agreeing to these Terms, You agree to not assert any claim for damages or relief of any kind against Us, including in an arbitration proceeding or as part of a class or collective action. 

You further acknowledge that Robn shall be the final and sole arbiter of any disputes regarding Tournament Participation or the Platform.

Winning Contestants whose age and identity Robn cannot verify, who do not allow Robn to verify their age and identity, who Robn reasonably believes have participated in a Tournament under a false identity, who have entered a Tournament under an invalid or expired Entry Code, or who Robn reasonably believes have misrepresented their age or identity in relation to the Platform, shall not be awarded any prizes or compensation of any kind and may be banned or suspended from Tournament participation at Robn’s discretion.

‍If Robn bans or suspends You from Tournament participation as a result of a specific action, You will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Robn arising from that action, You will indemnify and hold Robn harmless on demand for such claims. 

INDEMNITY AND LIMITATION OF LIABILITY

You hereby agree to indemnify and hold harmless (including reasonable attorneys fees and costs of suit) Robn, its directors, officers, employees, shareholders, agents, affiliates, consultants, suppliers, advertisers, payment Platform promoters, partners, and their agents, employees, officers, and directors, Our parent company and any of its subsidiaries against any and all costs, expenses, liabilities and any form of damages (collectively, “Losses”), and all expenses incidental to such Losses based upon, arising out of, or in any way related to Your negligence, willful misconduct, or any breach of these Terms that You commit.  

By accessing the Platform, You acknowledge and agree that use of the Platform is at Your own risk and that none of the parties involved in the Platform’s operation, including Robn or any of its partners, affiliates, Providers, employees, agents or contractors (collectively “Released Parties”) are liable for any direct, incidental, consequential, indirect, special, or punitive damages, or any other losses, costs, or expenses of any kind (including, without limitation, lost profits, loss of data, legal fees, expert fees, cost of procuring substitute Platform, lost opportunity, or other disbursements) which may arise, directly or indirectly, through the access to, use of or reliance on any material or content on the Platform.  

MISCELLANY

These Terms constitute the entire agreement between You and Us with respect to Your use of the Platform and supersede all prior agreements or contemporaneous communications and proposals, whether electronic, oral or written.

You are solely responsible for any state, local or federal taxes which may apply to Your use of the Platform.

Nothing in these Terms will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between You and Us.

If any of the Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms. All remaining provisions of these Terms will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, the intent of the original provision.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. 

NOTIFICATION AND FULFILLMENT

Certain Contestants who place highly in a Tournament may be eligible to win Prizes. Prize-eligible Contestants will be notified by email or phone at the email address or phone they provided on the Form pertaining to the Tournament in question.

Each potential Prize winner will have seven (7) days from the time of the first notification (“Initial Notification”) via email or phone to accept the Prize by indicating either verbal or written acknowledgement or accepting of winning.

Each potential Prize winner will be required to undergo age and identity verification with a Robn representative or Provider within fourteen (14) days of Initial Notification.

If the potential Prize winner does not accept the Prize within seven (7) days or does not successfully complete identity and age verification within fourteen (14) days, then the potential Prize winner will automatically forfeit their Prize and Robn may choose to select an alternate winner.

No single Contestant may win more than five (5) Prizes of any kind or amount during a single calendar year. If a Contestant wins a sixth Prize during a calendar year, the potential Prize winner will automatically forfeit their Prize and Robn may choose to select an alternate winner.

The alternate winner, if selected, shall be the next-highest-finishing Contestant in the Tournament standings that has not yet received a Prize.

Prizes will be fulfilled in the form of a corporate check within four (4) weeks of the latter of acceptance and identity verification.

PUBLICITY RELEASE

A Contestant who enters a Tournament permits Robn and its presenting Tournament sponsors to list on the Website and post on social media the Contestant’s first and last name, and, if the Contestant has won a Prize, the nature and amounts of the Prize won.

Contestants permit Robn and its presenting Tournament sponsors to do this without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

Robn shall conspicuously publish the winners and complete standings of all Tournaments on its Website.