PrizePicks™ Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Effective Date: May 25, 2022
Welcome to the PrizePicks! PrizePicks (“PrizePicks”) is a fantasy sports platform that offers skill-based contests where each of your entries has a chance to win (the “Contest”). Each entry is comprised of multiple player proposition selections. The more selections you combine the greater the payout! Before using PrizePicks, please take some time to carefully read our Terms of Service below (“Terms,” or “Agreement”). The Terms below constitutes a binding contract between you and PrizePicks.
IMPORTANT NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY, IT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS DETAILED IN THE SECTION TITLED ARBITRATION AND CLASS ACTION WAIVER BELOW. PLEASE READ CAREFULLY.
1. Acceptance of Terms.
BY DOWNLOADING THE APP OR CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES, DEACTIVATE YOUR ACCOUNT AND DELETE ALL PRIZEPICKS APPLICATIONS AND PLATFORMS FROM YOUR DEVICES.
2. Modification to Terms.
Except as it relates to provisions regarding lawsuit, binding arbitration, and waiver of class action rights, PrizePicks reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be available via our Site and App. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you via App or Site notification and/or by contacting you through the email address associated with your account. The Parties agree that any means of notification as described herein are reasonable and conspicuous. Use of the Services by you after any modification to the Terms constitutes your acceptance of the as modified Terms in full.
For the avoidance of doubt, ongoing Contests (as further defined below) shall be subject to the version of the Terms that is in effect at the start of the Contest. It is in PrizePicks’ sole discretion to determine whether applicable actions are governed by the Terms such as they were in effect during any relevant Contest or if the most recent version of the Terms control. Further, all actions and matters specifically related to fraud, misrepresentation, cheating, theft, or other conduct PrizePicks deems to be improper shall be governed by the most recent version of these Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services, including, but not limited to, signing into your PrizePicks account, following the posting of any changes to the Terms means you accept those new terms. In addition, some services offered through the Site and App may be subject to additional
terms and conditions adopted by PrizePicks. Your use of those services means you agree to be subject to those additional terms and conditions, which are herein incorporated into these Terms by reference.
PrizePicks reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any text, graphics, sounds, files, software or other information found on the Site and App (collectively, “Content”), feature, or database), whether temporarily or permanently at any time for any reason. You agree that PrizePicks shall not be liable to you or to any third party for any modification, suspension, or
discontinuation of the Services. PrizePicks may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. License Grant.
Subject to the terms of this Agreement, PrizePicks grants you a limited, non-exclusive, and nontransferable license to:
- download, install, and use the App for your personal, non-commercial use on handheld and mobile devices owned or otherwise controlled by you (collectively, “Device”) strictly in accordance with the App’s documentation; and
- access, stream, download, and use on such Device, the Services made available in or otherwise accessible through the Site or App, strictly in accordance with this Agreement.
4. Reservation of Rights.
You acknowledge and agree that the Services are provided under license as described in this Agreement, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. You may not (a) modify the Content or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Content except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Content; (d) transfer the Content to another person. PrizePicks and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. PrizePicks shall have the right to assert and enforce the provisions of this section directly on its own behalf.
PrizePicks may terminate this license at any time if you are in breach of these Terms. Upon termination, you agree to immediately destroy any copies of the Content in your possession.
5. PrizePicks Account.
You may view Content on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests, depositing and withdrawing funds or redeeming promo or bonus funds, you are required to create a PrizePicks account (“Account,”). You must be at least eighteen (18) years of age to open an Account, unless you reside in an Eligible Jurisdiction (as further defined below) that requires a higher age of eligibility.
To sign up for an Account, you must submit a username, password, mailing address, phone number, driver’s license, date of birth, and social security number. You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication that PrizePicks may request in its sole discretion, including personal identifying information necessary for tax reporting purposes. To enter Contests that require you to make deposits, you may be required to submit your billing information. If your account information changes, then you must provide us with accurate and complete information.
You may not use a username that promotes a commercial venture or a username that PrizePicks in its sole discretion deems offensive or otherwise a violation of its Terms. PrizePicks may require you to change your username or may unilaterally change your username.
Account Misuse, Multiaccounting, Account Sharing
You agree that the sole and specific purpose of creating an account on PrizePicks is to participate in fantasy sports Contests. PrizePicks shall be entitled to suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests or for the Service. In such circumstances, we may also report such activity to relevant authorities.
Each user may establish only one (1) Account. For avoidance of doubt, users may not “co-own” accounts. Further, users may not use another person’s account other than their own. Users also may not direct or control or otherwise use another user’s account as a proxy for their own account or to make contest entries. Additionally, users may not use, direct, or control any account other than their own for any purpose, including, but not limited to: avoiding account limits, suspensions, responsible gaming related limitations, evade any other account restriction either self imposed or imposed by PrizePicks, or to abuse promotional or bonus offerings, such as referral bonuses, for which each account is eligible. All such aforementioned account misuses or duplications shall collectively be referred to as “multiaccounting”. Multiaccounting is a violation of these Terms and a violation of state law in many of the states in which PrizePicks’ operates. In the event PrizePicks, in its sole and unlimited discretion, reasonably determines that you have violated these Terms by multiaccounting, then, in addition to any other rights that PrizePicks may have at law, equity or created herein, PrizePicks reserves the right to: (i) suspend or terminate any or all of your accounts (and all other accounts associated with the multiaccounting), (ii) cancel any pending or in-progress entries made on all offending accounts; (iii) terminate, withhold, or revoke the awarding of any prizes, including prizes that you have already withdrawn from your Account; (iv) seize or remove all promotional balances, bonuses or free entries previously awarded to each account(s); and (v) seize all real-money funds in the offending account(s) or earned by the offending user(s) during the course of multiaccounting.
YOU AGREE TO INDEMNIFY, RELEASE AND TO HOLD HARMLESS PRIZEPICKS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND AGENTS, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES, FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INJURIES, DAMAGES, OR LOSSES TO PERSONS AND PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH YOUR MULTIACCOUNTING ACTIVITIES WHICH ARE VIOLATIONS OF THESE TERMS OF SERVICE AND APPLICABLE STATE AND FEDERAL LAWS.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms to allow any other person to use your account to participate in any Contest. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to PrizePicks immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. PrizePicks cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
6. Eligibility for Contests.
Generally, you may have access to the Site and App in any state, territory, or jurisdiction. However, in order to enter Contests, you must be physically located within one of the states, territories, and/or jurisdictions in which PrizePicks operates and is made accessible for consumer play (collectively, “Eligible Jurisdictions,” and each an “Eligible Jurisdiction”). A full list of Eligible Jurisdictions, which may be updated from time to time at PrizePicks’ sole discretion, can be found at www.PrizePicks.com. “Excluded Jurisdiction(s)” shall mean all states, territories, and/ or jurisdictions that are not Eligible Jurisdictions.
You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through PrizePicks Contests. You are responsible for consulting each Eligible Jurisdiction’s rules to determine the minimum age of eligibility and abide by those restrictions.
By depositing money or entering a Contest, you are representing and warranting that:
- you are 18 years of age or older (or the minimum age for permissible use in your local jurisdiction);
- you are a citizen or resident of Canada or the United States of America and that you have an address in the Canada or United States of America
- at the time of deposit or game entry, you are physically located in an Eligible Jurisdiction in which participation in the Contest is not prohibited by applicable law or these Terms;
- You are not listed on any government list of prohibited or restricted parties;
- You will abide at all times by these Terms and any other agreements between you and PrizePicks regarding your use of the Service or participation in games;
- When depositing funds or entering a paid Contest, you are not physically located in any Excluded Jurisdictions;
- You are nob subject to backup withholding tax because
- You are exempt from backup withholding, or
- You have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or
- The IRS has notified you that you are no longer subject to backup withholding
If PrizePicks determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. PrizePicks may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If PrizePicks otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that PrizePicks may have in law or equity, PrizePicks reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or
limit your ability to withdraw. In such a situation, PrizePicks may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by PrizePicks in its sole discretion. PrizePicks also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
We also may conduct investigations for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. As long as there are no pending investigations on your Account, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
After you create an account, you will be able to visit the Site or App and view the games available for entry (“Contests”). While some Contests may be free to enter, certain Contests on the Site or App will require an entry fee.It is your responsibility to know and understand the rules and required entry fees for any given Contest. Rules for contests, which may be updated from time to time at PrizePicks’ sole discretion, may be found here.
Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. In particular, due to restrictions in certain states, territories, and/or jurisdictions, residents of the Excluded Jurisdictions are not eligible to participate in our paid entry Contests.
Entry fees may vary from Contest to Contest. When you choose to enter a Contest and complete the entry process, the requisite entry fee will be debited from your PrizePicks account. All payments are final. No refunds will be issued.
Conditions for Entry
To be eligible to enter any Contest or receive any prize, you may be required to provide PrizePicks with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, PrizePicks will, in its sole and absolute discretion, utilize certain information collected by PrizePicks to assist in verifying the identity and/or eligibility of such account holder.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person named on the profile of the username the entry was submitted, or if possession of the username itself is contested and in PrizePicks’ opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. PrizePicks reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Any PrizePicks employee (“Employee”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Contest that requires an entry fee.
By entering a Contest, entrants agree to be bound by these rules and the decisions of PrizePicks, which shall be final and binding in all respects. If the entrant engages in conduct or otherwise utilizes any information PrizePicks deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants, PrizePicks at its sole discretion may disqualify any entrant from a Contest, refuse to award benefits or prizes, and require the return of any prizes.
These Terms prohibit entering a Contest if the entrant is:
- APrizePicks Employee or an Immediate Family Member of an Employee;
- An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any immediate family member of any such person;
Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest, including any information from any daily fantasy sport site or information from a sports governing body (“Insider Data”);
An employee of a sponsor, consultant, or supplier of PrizePicks or any other daily fantasy sports Contest provider that has access to Insider Data or otherwise receives an advantage in the entrant’s participation in a Contest;
An employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Contests by such governing body;
A professional or collegiate athlete, sports agent, coach, team owner, team employee, referee or league official or employee, or an immediate family member of a professional or amateur athlete, sports agent, coach, team owner, team employee, referee or league official or employee if the Contest is in the sport in which they are associated; or
A person prohibited from participating pursuant to court order. Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent PrizePicks from pursuing criminal or civil proceedings in connection with such conduct.
Contest of Skill - Paid Entry Contests
Contests offered through the Services are Contests of skill. Each of our Contests are governed by specific rules, as may be modified from time to time, which are set forth in the Contest official rules and are herein incorporated into these Terms by reference. Winners are determined by the objective criteria described in the Contest deadline, roster, rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. TheServices may not be used for any form of illicit or illegal gambling or sports betting.
Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms. After each Contest ends, the winners are announced (generally by the following day) but remain subject to final verification.
Once winners are notified and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.
Contest prize payouts will be published with the creation of each new Contest (“Contest Prize Table”). Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest. The prizes available for each Contest are published in the respective Contest Prize Table.
No substitution or transfer of prize is permitted except at our sole discretion. All prizes are 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) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Contest, PrizePicks reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of PrizePicks Contests, PrizePicks is the sole judge and its actions are final and binding.
You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to the Terms, in any way, we may disqualify you from any Contest entered, in which case any prizes awarded to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments.
All monetary winnings will be deposited directly into your Account. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you.
Contest Statistics, Live Scoring and Third Party Information Providers
To the extent that PrizePicks offers “live” statistics before or during gameplay and/or Contest entry, all “live” statistics, scoring and other information provided through PrizePicks and related information sources are unofficial. Further, during certain Contests, PrizePicks may be reliant on third party operators to provide “live scoring” of certain sporting events and matches. At times, you may not be able to see or access the most up-to-date information or “live scoring” for the relevant sporting event or match. Regardless of the reason for the delay in information, PrizePicks shall not be liable for any such delay in provision of information or “live scoring.” “Live scoring,” information, statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of Contests. Neither PrizePicks nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the App and/or Site and related information sources. PrizePicks and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Site and related information sources, shall not be responsible or liable for any error or omissions in that information, nor shall PrizePicks be responsible for any errors or losses you suffer or any other issues that result therefrom.
PrizePicks takes every effort to ensure accurate, up-to-date scoring is applied across all Contests. However, PrizePicks does not guarantee the accuracy of any scoring or stat corrections. Official scores and results will be posted at the conclusion of the sporting event or competition once it has been declared official and all official box scores and statistics are posted. Stat corrections posted by either PrizePicks’ third-party data provider or the official league statistic provider more than thirty (30) minutes following the official conclusion of the sporting event or competition will not be retroactively applied to entries and not be taken into consideration for determining how to score the Contest.
In instances where there may be a direct conflict between these Terms and our “Full Rules” (located on the Platform’s “Board” page), the Full Rules control.
8. Contest Disqualification and Cancellation.
Once your entry is submitted you may only cancel (1) within five (5) mins of submission, if no players have started, entry is $5.00 or greater and it's not a Second Half (2H) or Fourth Quarter (Q4) entry; or (2) one player in the entry is marked as Do Not Play (DNP), no players have started, entry is $5.00 or greater and it's not a 2H or Q4 entry.
All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
Disqualification and Cancellation by PrizePicks
Participation in each Contest must be made only as specified in the Terms. Failure to comply with these Terms will result in disqualification and, if applicable, prize forfeiture.
PrizePicks, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct PrizePicks deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with
the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent PrizePicks from informing the relevant authorities, and/ or pursuing criminal or civil proceedings in connection with such conduct.
We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). This section specifically includes when a Contest Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Contest is cancelled altogether, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Contest will once again be made available to you via your account.
9. Deposits and Withdrawals.
To participate in Contests, you will be required to deposit funds into your Account (“Deposit”) by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by PrizePicks. Minimum and maximum limits may be applied to deposits into your Account, depending upon your history with the Services, the method of deposit, state, territory, and/or jurisdiction-imposed deposit limits, and other factors as determined solely by PrizePicks. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named account holder. In addition, to be eligible to
deposit money into your Account and play in Contests that award prizes, you must not be subject to backup withholding tax from the IRS or other government authority.
By depositing funds or entering paid Contests, you agree to provide us with a valid mailing address, date of birth, and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in Contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If PrizePicks requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or PrizePicks otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, PrizePicks reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, PrizePicks may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the rules of the Contest.
If any deposit is charged back, any winnings generated from PrizePicks Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. In the event that, following such deductions, your Account balance is in a negative balance, you expressly acknowledge and agree that such negative balance shall constitute an uncontestable debt payable by you to us, due and payable immediately. PrizePicks reserves the right to close your account – without notice – should a deposit be charged back.
Credit Card Removal
Users will have two months from the date Users create their account to provide a preferred method of Deposit via their Account. Users may request that a previously provided method of payment is removed from their account no more than once (1) in any calendar month, and no more than five (5) times over any twelve-month span. Additionally, PrizePicks may remove any method of Deposit at any time at PrizePicks’ sole discretion and determination.
Account for Deposited Funds
When you make a deposit, or earn winnings, your deposits and winnings after Contests are completed and held in a separate, segregated bank account (the “Segregated Account”) held by Company. Vendors, players, and creditors shall be aware that the funds in the Segregated Account do not belong to Company and are not available to creditors of the Company. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and PrizePicks may not use them to cover its operating expenses or for other purposes.
Players who believe that funds held by or their accounts with PrizePicks have been misallocated, compromised or otherwise mishandled, may register a complaint with PrizePicks online by e-mailing Support@PrizePicks.com. PrizePicks shall use its best efforts to respond to such complaints within ten (10) days. If PrizePicks determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for the Company to process the complaint, the response will note the form and nature of the necessary additional information needed.
Bonuses and Promotions
From time to time, PrizePicks may provide you with promotional discounts or bonuses – for example, as an incentive to use the Services, to establish a PrizePicks Account, or to refer others to sign up with PrizePicks. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional discounts are non-transferrable.
Any bonuses or promotions that you do not apply to a Contest (i.e. use) within ninety (90) days of receipt of the bonuses or promotions shall automatically terminate and become null and void, at PrizePicks’ sole, unlimited discretion. Any existing bonuses or promotions you received prior to the Effective Date of these Terms shall remain valid for an additional sixty (60) days from the Effective Date before such bonuses and promotions shall automatically terminate and become null and void.
You may request a withdrawal of funds from your available cash balance in yourAccount at any time. The minimum withdrawal is $1.00 U.S. dollars. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawals shall only be provided via a check payable to you, or an ACH bank transfer to your account. PrizePicks does not permit withdrawals to a bank card or credit card.
Entrants may withdraw their cash prize awards as well as cash deposits by using the “Withdrawal” option on the Site or App. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification as reasonably requested by PrizePicks in order to complete the withdrawal of prizes. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information either before permitting a withdrawal or at any point in time after a withdrawal if PrizePicks unilaterally determines
that any such withdrawal(s) potentially violated either these Terms or any relevant federal, state, local, or international laws or regulations. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes as well as all monies withdrawn via the PrizePicks Platform in perpetuity. Disqualification or forfeiture of any prizes and or seizure of any funds previously withdrawn by you may also occur if it is determined any such entrant did not comply with these Terms in any manner.
Processing of requested funds back may take up to five (5) business days; provided, however, PrizePicks reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within five (5) business days, please contact customer support. Checks for withdrawal requests are processed within 14 business days, and are sent via U.S. Mail.
If your Account is closed by us for a violation of the Terms, we reserve the right to determine whether to declare as void any transaction placed by you. If a prize has been awarded on a closed account due to fraud, PrizePicks may withhold the prize, provided that the prize is then awarded to another participant in the Contest who would have won the prize had that user not participated. Further, if you have already withdrawn funds, whether prizes or otherwise (e.g. other monies not won via Contests), that were, in the sole determination of PrizePicks, the result of a violation of these Terms and/or federal, state, local, or international law or regulation, then you grant PrizePicks the right to debit the bank account to which these funds were deposited without reservation and until PrizePicks recoups, in whole, any and all monies that you improperly withdrew. In such an event, we will first use your Account funds to defray the costs of administration and enforcement of the Terms.
You shall, at all times, maintain an account at a bank that is a member of the Federal Reserve ACH System (the “Bank Account”). You expressly authorize us to debit and/or credit the Bank Account according to these Terms. You further authorize us, as well as our third party payment processors and all related banks, to process electronic funds transfers through the Bank Account you designate. You represent and warrant that you shall, at all times, maintain a sufficient balance in your Bank Account to cover all obligations owed to us pursuant to these Terms and further expressly waive all rights to dispute any attachment or other debt collection efforts undertaken by us and/or our assigns, agents, and partners in instances where you do not maintain a sufficient balance in your Bank Account to cover all obligations owed to us. Further, you expressly agree that we, and/or our third party payment processors and related banks, may debit any such Bank Account held by, or on, your behalf, in order to satisfy any of your obligations to us that arise out of or in any way relate to these Terms, the Site, App, or your use of PrizePicks Services, including, without limitation, Deposits and Withdrawals. This authorization shall survive the termination of these Terms and shall continue in perpetuity until all of your obligations to us are paid in full, including, but not limited to, those obligations described in these Terms. If you wish to revoke your authorization for us to debit the Bank Account, you must submit that request, in writing, in the manner required for providing notice to PrizePicks as set forth in this Agreement, at least 24 hours prior to the origination of any entry or transaction permitted by this Agreement. You may not submit any such notice revoking authorization for us to debit the Bank Account at any point in time after originating the withdrawal.
Account Inactivity Fee
If your Account has no Activity (“Activity” is defined as one of: entering a Contest, making a Deposit or a Withdrawal, or submitting a Support ticket) for eighteen (18) consecutive months it will be deemed inactive. PrizePicks will charge a fee of $4.00 per month on all inactive Accounts until: (i) the account is reactivated by performing one of the Activities listed above; or (ii) the account has $0.00 balance. PrizePicks will provide all Users subject to an Account Inactivity Fee with at least thirty (30) days’ notice prior to the first deduction of fees.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below) or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, PrizePicks reserves the right in its sole discretion to determine whether or not to award such prizes.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to PrizePicks. These details will be used to allow PrizePicks to comply with tax regulations and may be shared with appropriate tax authorities. It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, PrizePicks may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) with the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of
$600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, PrizePicks may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. PrizePicks reserves the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your state, territory, jurisdiction, province, and/or country of
residence. Further, it is your sole responsibility to provide PrizePicks, upon request, with all personal information necessary to submit a Form 1099-MISC. If you fail to provide all requested information and therefore prevent PrizePicks from filing all pertinent tax forms, including the Form 1099-MISC, then you bear all responsibility, indemnify, and hold harmless PrizePicks from any resulting liability, lawsuit, judgement, or any other action stemming from this failure. PrizePicks does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
Third-Party Payment Processor
You agree to indemnify, release and to hold harmless PrizePicks, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, any claims based on publicity rights, defamation, or invasion of privacy, as well as any claims,
judgments prosecutions, regulatory or administrative actions taken by any local, state or federal government as a result of your negligent, reckless or intentional use of PrizePicks and its platforms to violate any local, state or federal law or regulation. PrizePicks may, in its sole and absolute discretion, require the account holder to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded any prize or receiving any payout.
By creating an Account, you consent to PrizePicks’ and its service providers’ and business partners’ use of your name, image, voice, likeness, location, Contest entries and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other PrizePicks Contests and PrizePicks generally, unless otherwise prohibited by law. PrizePicks and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Entrants agree that PrizePicks may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of PrizePicks or other Contests or games operated by PrizePicks. You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the
fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED ON A WINNERS' LIST.
12. Availability of the Services.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
PrizePicks may limit access, via technological means, to the Services in the Excluded Jurisdictions. If you attempt to deposit money into an Account or play in any Contest in which a prize is awarded while located in an Excluded Jurisdiction, you will be in violation of the law of such Excluded Jurisdiction and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We do not intend that the Site or App and the services offered thereon to be used by persons are present in jurisdictions in which the playing of fantasy sports Contests may be prohibited or restricted.
13. Use of Personally Identifiable Information.
You further acknowledge that by providing your cell phone number to PrizePicks you consent to receive non marketing and informational text messages from time to time.
14. Carrier Fees.
Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. PrizePicks assumes no liability or responsibility for the payment of any charges you may incur.
15. Updates for the App.
PrizePicks may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PrizePicks has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
PrizePicks may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PrizePicks has no obligation to provide any Updates or to continue to provide or enable
any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
(a) theApp will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of thisAgreement.
16. Rules and Conduct.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or federal, state, local, or international laws or regulations. The Services are provided only for your own personal, non commercial use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below: (a) copy the Services, except as expressly permitted by this license;
(b) sell or otherwise transfer yourAccount;
(c) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
(d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site orApp or any part thereof;
(e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site orApp, including any copy thereof;
(f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site orApp, or any features or functionality of the Site orApp, to any third party for any reason;
(g) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site orApp;
(h) use your account to impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(i) use the App in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by PrizePicks, may harm PrizePicks or users of the Site or App or expose them toliability;
(k) use the Site or App in any manner that could disable, overburden, damage, or impair the Site or App, or interfere with any other party’s use of the Site or App, including their ability to engage in real time activities through the Site orApp;
(l) use any robot, spider, or other automatic device, process, or means to access the Site or App for any purpose, including monitoring or copying any of the material on the Site orApp;
(m) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(n) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or App, the server on which any portion of the Site or App is stored, or any server, computer, or database connected to the Site orApp;
(o) attack the Site orApp via a denial-of- service attack or a distributed denial-of- service attack; or (p) otherwise attempt to interfere with the proper working of the Site orApp.
If for any reason, PrizePicks determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services (or any portion thereof) by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PRIZEPICKS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Term and Termination.
The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or PrizePicks as set forth in this section (“Term”)
You may cancel your account at any time through your account settings or by sending us an email at the contact information at the bottom of the page. Unless PrizePicks is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds.
PrizePicks may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, PrizePicks reserves the right to remove your account information along with any account settings from our servers with no liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you may lose access to all of your Content (except that Content stored/published to third-party websites will remain on said third-party websites pursuant to those website’s terms and conditions).
PrizePicks may terminate this Agreement at any time without notice. The Agreement shall be terminated immediately if PrizePicks ceases to support the Services, which PrizePicks may do in its sole discretion.
Termination will not limit any of PrizePicks’ rights or remedies at law or in equity.
Following termination of your account, however, your license to use PrizePicks’ Content automatically terminates, and PrizePicks has no obligation to provide you with use of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any User Content (as further defined below) before termination shall survive termination.
18. Advertisements and Third-Party Sites.
The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with PrizePicks. Your dealings with third parties are solely between you and such third parties. You agree that PrizePicks will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that PrizePicks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
19. Responsible Gaming.
The Company reserves the right, in its sole discretion, to make the determination whether you are interacting with the platform in a responsible way in accordance with Company policies and procedures. The Company shall also permit the Users to set responsible gaming limits and to self-exclude. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by the Users and exclude such Users .
20. PrizePicks Intellectual Property and User Content.
Intellectual Property Ownership. PrizePicks shall have the appropriate license to or shall own all right, title, and interest, including all related intellectual property rights, in and to the PrizePicks technology, the Services. You agree that PrizePicks shall own all right, title, and interest to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you to PrizePicks relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the PrizePicks technology, or the intellectual property rights owned by PrizePicks. The PrizePicks name, the PrizePicks logo, and the product names associated with the Services are trademarks of PrizePicks or its licensors, and no right or license is granted to use them.
User Content and Copyright Policy. The Services contains areas in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any User Content you submit.
By submitting any User Content, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; (j) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent.
PRIZEPICKS RESERVES THE RIGHT TO REMOVE ANY USER CONTENT FOR ANY REASON AT ITS SOLE DISCRETION.
Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCANotice”) must substantially include the following:
(1) Your physical or electronic signature.
(2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
(3) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(4) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(5) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the written notice is accurate.
(7) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Our designated copyright agent to receive DMCA Notices and Counter-Notices (as further defined below) may be contacted at Support@PrizePicks.com.
Counter-Notification Procedures. If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must substantially include the following:
(1) Your physical or electronic signature.
(2) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
(3) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(4) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
(5) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
21. Warranty Disclaimer.
PRIZEPICKS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, PRIZEPICKS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE OR APP, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR APP OR THE CONTENT. FURTHER, PRIZEPICKS AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND TITLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, PRIZEPICKS AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. PRIZEPICKS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIZEPICKS ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
22. Limitation of Liability.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL PRIZEPICKS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) FIVE THOUSAND U.S. DOLLARS ($5,000.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, PRIZEPICKS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
23. Dispute Resolution, Arbitration, and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
It is PrizePicks’goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that PrizePicks has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, PrizePicks is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with PrizePicks, you acknowledge and agree that you will first give PrizePicks an opportunity to resolve your problem or dispute. To initiate the dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services at issue (the “Informal Resolution Request”) by sending an email to Support@PrizePicks.com.
You further agree to negotiate with PrizePicks in good faith about your problem or dispute. While PrizePicks’ is hopeful this process will lead to resolution, this informal resolution process shall last no more than sixty (60) days from the date the Informal Resolution Request was received by PrizePicks. If, in PrizePicks’ sole discretion, it determines that no informal resolution is reached during this sixty (60) day window, then PrizePicks and you agree to the arbitration provisions below.
Arbitration Proceeding. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Agreement to arbitrate, shall be determined by arbitration. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award must be entered in Fulton County, Georgia. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Location. All arbitrations shall take place in Atlanta, Georgia, USA.
Class Action Waiver. You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND PRIZEPICKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS
ACTIONS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exceptions to Arbitration. You and PrizePicks agree that the following claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any claim seeking to enforce or protect, or concerning the validity of, any of PrizePicks’ intellectual property rights; (b) any claim related to, or arising from, allegations of theft, fraud, misrepresentation, piracy, invasion of privacy or unauthorized use; and (c) any claim for
PrizePicks’ equitable relief. In addition to the foregoing, PrizePicks may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the address listed below. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, PrizePicks also will not be bound by them.
24. Assignment; Change in Control.
You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns. PrizePicks may assign this Agreement or delegate any of its rights or obligations hereunder, or any part thereof, to any third party, including its successor in interest, without requiring your written consent.
25. Entire Agreement; Severability.
These Terms and other referenced material constitute the entire agreement between you and PrizePicks with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and PrizePicks with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shallnot be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
26. Geographic Limits of Service.
PrizePicks make no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the Eligible Jurisdictions or that these Terms comply with the laws of any other country other than the United States and Canada. Accessing and participating in the Services is prohibited from territories where the Content and participation is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any jurisdiction where the Content and participation are illegal, and that you, and not PrizePicks, are responsible for compliance with applicable local laws.
PrizePicks reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
27. Governing Law.
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Georgia and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You, regardless of location or country of residence, whether within or outside of the United States, agree that PrizePicks and its Services are deemed passive and do not give rise to personal jurisdiction over PrizePicks or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Georgia. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Fulton County in the State of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
28. Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
29. No Third-Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
30. No Waiver.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of thisAgreement shall govern.
31. Force Majeure.
The failure of PrizePicks to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, pandemic, act of public enemies, actions of governmental authorities outside of the control of Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
32. Notice Policy and Your Consent.
Under these Terms you are contracting with Company. For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other PrizePicks company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under thisAgreement shall be owed solely to us.
PrizePicks may give notice by means of a general notice on the Services, electronic mail to your e-mail address on record in PrizePicks’ account information, or by written communication sent by first class mail or pre-paid post to your address on record in PrizePicks’ account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Except as otherwise provided in this Agreement, you may give notice to PrizePicks (such notice shall be deemed given when received by PrizePicks) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to PrizePicks at the addresses listed below.
If you have any questions regarding these Terms, please contact us at Support@PrizePicks.com or by mail at the address below:
3423 Piedmont Rd NE