Terms and Conditions
1. ACCEPTANCE OF TERMS
Fanpicks may issue additional terms, rules and conditions of participation in particular contests. You agree to be subject to them if you participate in such contests.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
You may establish, maintain, use and control only one account on the Service. In the event Fanpicks determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Fanpicks may have in law or equity, Fanpicks reserves the right to suspend or terminate any or all of your accounts.
Fanpicks employees may use the Service for the purpose of testing the user experience. Fanpicks consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with Fanpicks does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service. Fanpicks may by separate mutual agreement have users enter certain contests in an effort to maintain high contest completion rates and enhance general user experience.
4. CONDITIONS OF PARTICIPATION
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the "Registration Data") and maintain and promptly update the Registration Data going forward to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if Fanpicks has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fanpicks may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture, or a Username that Fanpicks in its sole discretion deems offensive, or a Username that would clearly belong to a notable person or public figure having no relationship to you. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Fanpicks of any unauthorized use of your Username and Password or account or any other breach of security; and (d) only use your own Username and Password to access the Service's Restricted Areas. Fanpicks cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Fanpicks is authorized to act on instructions received through the use of your Username and Password, and that Fanpicks may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if Fanpicks believes your Username and Password are being used by someone other than you, or for any other reason. Fanpicks may require you to change your Username or may unilaterally change your Username.
As a result of your registration for the Service, you agree to receive certain commercial and/or promotional communications from Fanpicks. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or contacting us. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Fanpicks corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Fanpicks reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site. The failure by Fanpicks to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Fanpicks or other force majeure event will not be considered a breach of these Terms. Fanpicks is not affiliated with or sponsored by the National Football League, the National Hockey League, Major League Baseball, National Basketball Association.
By entering a contest, you consent to Fanpicks's and its service providers' and business partners' use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Fanpicks contests and Fanpicks generally, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to Fanpicks for up to 50 hours (or a higher quantity where specified by the rules of particular contests) of publicity, advertising and promotional activities relating to the contest or other Fanpicks products, services or events, without additional compensation. Fanpicks 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 Fanpicks 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 Fanpicks or other contests or games operated by Fanpicks. 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.
5. GAME RULES
The contests on Fanpicks.net are games of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in Fanpicks.net must be made up of players drawn from a minimum of three different sports teams.
Each Fanpicks.net contest has an entry fee listed in Voucher Funds. When you opt to participate in a contest, that amount in Voucher Funds will be debited from your Fanpicks.net account. Then, follow the links and instructions provided for entry. 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 Username the entry was submitted, or if possession of the Username itself is contested and in Fanpicks's opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Fanpicks reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Fanpicks.net offers contests for multiple professional sports events generally taking place on a single day or at most a week.
After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning team's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Fanpicks offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.
Prize calculations are based on the results as of the time when final scoring is tabulated by Fanpicks. Once winners are initially announced by Fanpicks, the scoring results will not be changed in light of 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. We also may make adjustments in the event of noncompliance with the Terms. Fanpicks has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Fanpicks reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. Malfunction voids all plays and prizes. In all disputes arising out of the determination of the winner of Fanpicks contests, Fanpicks is the sole judge/adjudicator and its actions and decisions are final and binding.
- To more easily find Voucher Funds contests on the site, you may choose "Voucher" from the Lobby filters.
- You may enter Voucher contest with Voucher funds only. If you have sufficient Voucher Funds the system will deduct the entry fee from your Voucher funds balance.
- You may see your Voucher Funds balance along with your other balances in the main menu bar at the top of the site, or in your "My Account" section of the site.
- If a contest does not fill, if a contest is deleted, or you request to have your entry deleted, funds will be refunded to your account in Voucher funds, not real cash.
- Because Voucher Funds are promotional and do not require the site will offer a limited amount of Voucher Funds contests, generally with small entry fees and limited payouts.
- Voucher Funds are not real cash balance, and may not be withdrawn, cashed out, or transferred. Once any voucher funds are converted into real cash balance they may be cashed out under the following terms:
How to Play?
- Desktop version - All available contests related to this promotion are available from Advanced Filter > Voucher Entry from on Desktop version.
- Mobile version – Simply select the desired Sport, click Filter and select FREE under Entry Fee. All voucher contests are denoted with V.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Fanpicks. By way of example, and without limitation, you agree not to:
- Abuse, harass, impersonate, intimidate or threaten other Fanpicks users.
- Post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party.
- Use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws.
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Fanpicks user.
- Create or submit unwanted email ("Spam") to any other Fanpicks users.
- Infringe upon the intellectual property rights of Fanpicks, its users, or any third party.
- Submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content.
- Post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service.
- Use artificial means, including creating multiple user accounts, to inflate your position and standing with the Fanpicks leader boards and community.
- Advertise to, or solicit, any user to buy or sell any products or service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- Sell or otherwise transfer your profile.
- Attempt to influence the play in any sports event that is the subject of a competition on Fanpicks in which you are involved or in which you have a direct or indirect interest.
You understand that all Content made available on the Service by a user ("User Content"), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Fanpicks, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Fanpicks be liable in any way for any User Content.
You acknowledge that Fanpicks may or may not pre-screen User Content, but that Fanpicks and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Fanpicks and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Fanpicks's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Fanpicks an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Fanpicks reserves the right, but has no obligation, to monitor disputes between you and other users.
8. WARRANTY DISCLAIMERS
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Fanpicks has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Fanpicks of and from any and all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Fanpicks makes no representations concerning any Content contained in or accessed through the Service, and Fanpicks will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FANPICKS NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, MORAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANPICKS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANPICKS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANPICKS FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. OUR PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
All title, ownership and intellectual property rights in and to the Service are owned by Fanpicks or its licensors or partners. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Fanpicks, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
Furthermore, the content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks (including without limitation FanPicks™), service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to Fanpicks, subject to copyright and other intellectual property rights under United States, Canadian, and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Fanpicks reserves all rights not expressly granted in and to the Site and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein.
The Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because Fanpicks has no control over such sites and resources, you acknowledge and agree that Fanpicks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fanpicks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. TERMINATION AND SUSPENSION
Fanpicks may terminate or suspend all or part of the Service and your Fanpicks account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Fanpicks account, you may contact us via the support page with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; DISPUTE RESOLUTION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Fanpicks regarding restoration of your account only via the support page.
13. 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.
14. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
Our Customer Support Department is available here to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players' satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit.
The parties further agree that any litigation, claim or complaint shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FANPICKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF/PETITIONER OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. GENERAL INFORMATION
These Terms (and any additional terms, rules and conditions of participation in particular contests that Fanpicks may post on the Service) constitute the entire agreement between you and Fanpicks with respect to the Service and supersedes any prior agreements, oral or written, between you and Fanpicks. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
The failure of Fanpicks to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.
These Terms and anything else whatsoever related to the use of the Service shall be governed by the laws of the Province of Quebec (Canada) and the parties submit any and all disputes regarding the interpretation and/or application of these Terms or the use of the Service to the exclusive jurisdiction of Courts of the Province of Quebec, District of Montreal.
Last Update: September 05, 2018